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The Children (Northern Ireland) Order 1995

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This is the original version (as it was originally made).

10.—(1) The making of a residence order or care order with respect to a child who is the subject of an existing order discharges the existing order.

(2) Where the court makes any Article 8 order (other than a residence order) with respect to a child with respect to whom any existing order is in force, the existing order shall have effect subject to the Article 8 order.

(3) The court may discharge an existing order which is in force with respect to a child—

(a)in any family proceedings relating to the child or in which any question arises with respect to the child’s welfare; or

(b)on the application of—

(i)any parent or guardian of the child;

(ii)the child himself; or

(iii)any person named in the order.

(4) A child may not apply for the discharge of an existing order except with the leave of the court.

(5) The power in sub-paragraph (3) to discharge an existing order includes the power to discharge any part of the order.

(6) In considering whether to discharge an order under the power conferred by sub-paragraph (3) the court shall, if the discharge of the order is opposed by any party to the proceedings, have regard in particular to the matters mentioned in Article 3(3).

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