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The Children (Northern Ireland) Order 1995

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This is the original version (as it was originally made).

Restrictions on making Article 8 orders

9.—(1) No court shall make any Article 8 order, other than a residence order, with respect to a child who is in the care of an authority.

(2) No application may be made by an authority for a residence order or contact order and no court shall make such an order in favour of an authority.

(3) A person who is, or was at any time within the last six months, an authority foster parent of a child may not apply for leave to apply for an Article 8 order with respect to the child unless—

(a)he has the consent of the authority;

(b)he is a relative of the child; or

(c)the child has lived with him for at least three years preceding the application.

(4) The period of three years mentioned in paragraph (3)(c) need not be continuous but must have begun not more than five years before the making of the application.

(5) No court shall exercise its powers to make a specific issue order or prohibited steps order—

(a)with a view to achieving a result which could be achieved by making a residence or contact order; or

(b)in any way which is denied to the High Court (by Article 173(1)) in the exercise of its inherent jurisdiction with respect to children.

(6) No court shall make any Article 8 order which is to have effect for a period which will end after the child has reached the age of 16 unless it is satisfied that the circumstances of the case are exceptional.

(7) No court shall make any Article 8 order, other than one varying or discharging such an order, with respect to a child who has reached the age of 16 unless it is satisfied that the circumstances of the case are exceptional.

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