The Parental Responsibility and Measures for the Protection of Children (International Obligations) (England and Wales and Northern Ireland) Regulations 2010

Northern Ireland authorities: application for interim care order or supervision order

6.—(1) This regulation applies where—

(a) a Northern Ireland authority thinks that the conditions in Article 50(2)(a) and (b) of the Children (Northern Ireland) Order 1995 (threshold for care and supervision orders) are met, and

(b) one of the following applies in relation to the child—

(i) Article 11 of the Convention (measures of protection in cases of urgency),

(ii) Article 12 of the Convention (measures of a provisional character), or

(iii) Article 20 of the Council Regulation (provisional and protective measures).

(2) Where this regulation applies, Article 57 of the Children (Northern Ireland) Order 1995 has effect as if—

(a) for paragraph (1)(a) and (b) there were substituted—

“(a) an authority makes an application for an interim care order or interim supervision order in relation to a child, and

(b) one of the following applies in relation to the child—

(i) Article 11 of the Convention on Jurisdiction, Applicable Law, Recognition, Enforcement and Co-Operation in respect of Parental Responsibility and Measures for the Protection of Children that was signed at The Hague on 19 October 1996 (measures of protection in cases of urgency) (“the Convention”),

(ii) Article 12 of the Convention (measures of a provisional character), or

(iii) Article 20 of Council Regulation (EC) No. 2201/2003 concerning jurisdiction and the recognition and enforcement of judgments in matrimonial matters and the matters of parental responsibility (provisional and protective measures) (“the Council Regulation”),”,

(b) paragraph (3) were omitted,

(c) in paragraph (4)(b) the words “in the same proceedings” were omitted, and

(d) for paragraph (4)(c) to (e) there were substituted—

“(c) in a case which falls within subsection (1)(b)(i) or (ii), when—

(i) the authorities in another Contracting State with jurisdiction under the Convention have taken the measures required by the situation, or

(ii) measures taken by the authorities of another State are recognised in Northern Ireland;

(d) in a case which falls within subsection (1)(b)(iii), when the court of the member State with jurisdiction under the Council Regulation has taken the measures it considers appropriate.”.

(3) Where this regulation applies, Article 60 of the Children (Northern Ireland) Order 1995 (representation of child’s interests) has effect as if in paragraph (6) there were included a reference to an application for an interim care order or interim supervision order by virtue of this regulation.