SCHEDULES

SCHEDULE 14 Transitionals and Savings

Orders to which paragraphs 6 to 11 apply

I15

1

In paragraphs 6 to 11 “an existing order” means any order which—

a

is in force immediately before the commencement of Parts I and II;

b

was made under any enactment mentioned in sub-paragraph (2);

c

determines all or any of the following—

i

who is to have custody of a child;

ii

who is to have care and control of a child;

iii

who is to have access to a child;

(iv) any matter with respect to a child’s education or upbringing; and

d

is not an order of a kind mentioned in paragraph 15(1).

2

The enactments are—

a

the M1Domestic Proceedings and Magistrates’ Courts Act 1978;

b

the M2Children Act 1975;

c

the M3Matrimonial Causes Act 1973;

d

the Guardianship of Minors Acts 1971 and 1973;

e

the M4Matrimonial Causes Act 1965;

f

the M5Matrimonial Proceedings (Magistrates’ Courts) Act 1960.

3

For the purposes of this paragraph and paragraphs 6 to 11 “custody” includes legal custody and joint as well as sole custody but does not include access.