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Children Act 1989, Paragraph 5 is up to date with all changes known to be in force on or before 31 October 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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5(1)In paragraphs 6 to 11 “an existing order” means any order which—E+W
(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.
Commencement Information
I1Sch. 14 para. 5 wholly in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)
Marginal Citations
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