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The Children (Northern Ireland) Order 1995
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The Children (Northern Ireland) Order 1995, Section 57A is up to date with all changes known to be in force on or before 14 June 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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[F1Power to include exclusion requirement in interim care orderN.I.
57A.—(1) Where—
(a)on being satisfied that there are reasonable grounds for believing that the circumstances with respect to a child are as mentioned in Article 50(2)(a) and (b)(i), the court makes an interim care order with respect to a child, and
(b)the conditions mentioned in paragraph (2) are satisfied,
the court may include an exclusion requirement in the interim care order.
(2) The conditions are—
(a)that there is reasonable cause to believe that, if a person ( “the relevant person”) is excluded from a dwelling-house in which the child lives, the child will cease to suffer, or cease to be likely to suffer, significant harm, and
(b)that another person (whether a parent of the child or some other person)—
(i)is able and willing to live (or continue to live) in the dwelling-house and give to the child the care which it would be reasonable to expect a parent to give him, and
(ii)consents to the inclusion of the exclusion requirement.
(3) For the purposes of this Article an exclusion requirement is any one or more of the following—
(a)a provision requiring the relevant person to leave a dwelling-house in which he is living with the child,
(b)a provision prohibiting the relevant person from entering a dwelling-house in which the child lives, and
(c)a provision excluding the relevant person from a defined area in which a dwelling-house in which the child lives is situated and any other defined area.
(4) The court may provide that the exclusion requirement is to have effect for a shorter period than the other provisions of the interim care order.
(5) Any period specified for the purposes of paragraph (4) may be extended by the court (on one or more occasions) on an application to vary or discharge the interim care order.
(6) If, while an interim care order containing an exclusion requirement is in force, the authority has removed the child from the dwelling-house from which the relevant person is excluded to other accommodation for a continuous period of more than 24 hours, the interim care order shall cease to have effect in so far as it imposes the exclusion requirement.]
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