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The Children (Northern Ireland) Order 1995

Status:

This is the original version (as it was originally made).

124.  For section 19 (jurisdiction in cases other than divorce, etc.) substitute the following sections—

19.    Jurisdiction: general.

(1) A court in Northern Ireland shall not have jurisdiction to make a section 1(1)(c) order with respect to a child in or in connection with matrimonial proceedings in Northern Ireland unless the condition in section 19A of this Act is satisfied.

(2) A court in Northern Ireland shall not have jurisdiction to make a section 1(1)(c) order in a non-matrimonial case (that is to say, where the condition in section 19A is not satisfied) unless the condition in section 20 of this Act is satisfied.

(3) A court in Northern Ireland shall not have jurisdiction to make a section 1(1)(e) order unless—

(a)the condition in section 20 of this Act is satisfied, or

(b)the child concerned is present in Northern Ireland on the relevant date and the court considers that the immediate exercise of its powers is necessary for his protection.

19A.    Jurisdiction in or in connection with matrimonial proceedings.

(1) The condition referred to in section 19(1) of this Act is that the matrimonial proceedings are proceedings in respect of the marriage of the parents of the child concerned and—

(a)the proceedings—

(i)are proceedings for divorce or nullity of marriage, and

(ii)are continuing;

(b)the proceedings—

(i)are proceedings for judicial separation,

(ii)are continuing,

and the jurisdiction of the court is not excluded by subsection (2) below; or

(c)the proceedings have been dismissed after the beginning of the trial but—

(i)the section 1(1)(c) order is being made forthwith, or

(ii)the application for the order was made on or before the dismissal.

For the purposes of subsection (1)(b) above, the jurisdiction of the court is excluded if, after the grant of a decree of judicial separation, on the relevant date, proceedings for divorce or nullity in respect of the marriage are continuing in England and Wales or Scotland.

(3) Subsection (2) above shall not apply if the court in which the other proceedings there referred to are continuing has made—

(a)an order under section 2A(4) or 13(6) of this Act (not being an order made by virtue of section 13(6)(a)(i)), or

(b)an order under section 5(2) or 14(2) of this Act which is recorded as being made for the purpose of enabling Part I proceedings to be taken in Northern Ireland with respect to the child concerned.

(4) Where a court—

(a)has jurisdiction to make a section 1(1)(c) order in or in connection with matrimonial proceedings, but

(b)considers that it would be more appropriate for Part I matters relating to the child to be determined outside Northern Ireland,

the court may by order direct that, while the order under this subsection is in force, no section 1(1)(c) order shall be made by any court in or in connection with those proceedings..

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