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5(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 [1978 c. 22.] Domestic Proceedings and Magistrates' Courts Act 1978;
(b)the [1975 c. 72.] Children Act 1975;
(c)the [1973 c. 18.] Matrimonial Causes Act 1973;
(d)the Guardianship of Minors Acts 1971 and 1973;
(e)the [1965 c. 72.] Matrimonial Causes Act 1965;
(f)the [1960 c. 48.] Matrimonial 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.
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