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The Children (Northern Ireland) Order 1995

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This is the original version (as it was originally made).

126.—(1) Section 23 (duration and variation of Part I orders) shall be amended as follows.

(2) For subsection (3) substitute the following subsections—

(3) A court in Northern Ireland shall not have jurisdiction to vary a Part I order if, on the relevant date, matrimonial proceedings are continuing in England and Wales or Scotland in respect of the marriage of the parents of the child concerned.

(3A) Subsection (3) above shall not apply if—

(a)the Part I order was made in or in connection with proceedings for divorce or nullity in Northern Ireland in respect of the marriage of the parents of the child concerned; and

(b)those proceedings are continuing.

(3B) Subsection (3) above shall not apply if—

(a)the Part I order was made in or in connection with proceedings for judicial separation in Northern Ireland;

(b)those proceedings are continuing; and

(c)the decree of judicial separation has not yet been granted..

(3) In subsection (5), for the words from “variation of” to “if the ward” substitute “variation of a section 1(1)(e) order if the child concerned”.

(4) For subsections (6) and (7) substitute the following subsections—

(6) Subsection (7) below applies where a Part I order which is—

(a) a residence order (within the meaning of the Children (Northern Ireland) Order 1995) in favour of a person with respect to a child,

(b)an order made in the exercise of the High Court’s inherent jurisdiction with respect to children by virtue of which a person has care of a child, or

(c) an order—

(i)of a kind mentioned in section 1(3)(a) of this Act,

(ii)under which a person is entitled to the actual possession of a child,

ceases to have effect in relation to that person by virtue of subsection (1) above.

(7) Where this subsection applies, any family assistance order made under Article 16 of the Children (Northern Ireland) Order 1995 with respect to the child shall also cease to have effect.

(8) For the purposes of subsection (7) above the reference to a family assistance order under Article 16 of the Children (Northern Ireland) Order 1995 shall be deemed to include a reference to an order for the supervision of a child made under—

(a)Article 47 of the Matrimonial Causes (Northern Ireland) Order 1978, or

(b)Article 11 of the Domestic Proceedings (Northern Ireland) Order 1980;

but this subsection shall cease to have effect once all such orders for the supervision of children have ceased to have effect in accordance with Schedule 8 to the Children (Northern Ireland) Order 1995..

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