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Children Act 1989

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This is the original version (as it was originally enacted).

11(1)The making of a residence order or a care order with respect to a child who is the subject of an existing order discharges the existing order.

(2)Where the court makes any section 8 order (other than a residence order) with respect to a child with respect to whom any existing order is in force, the existing order shall have effect subject to the section 8 order.

(3)The court may discharge an existing order which is in force with respect to a child—

(a)in any family proceedings relating to the child or in which any question arises with respect to the child’s welfare; or

(b)on the application of—

(i)any parent or guardian of the child;

(ii)the child himself; or

(iii)any person named in the order.

(4)A child may not apply for the discharge of an existing order except with the leave of the court.

(5)The power in sub-paragraph (3) to discharge an existing order includes the power to discharge any part of the order

(6)In considering whether to discharge an order under the power conferred by sub-paragraph (3) the court shall, if the discharge of the order is opposed by any party to the proceedings, have regard in particular to the matters mentioned in section 1(3).

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