Part 4

Civil partnership: Northern Ireland
Chapter 2

Dissolution, nullity and other proceedings

General provisions

Restrictions on making of orders affecting children
186
1
In any proceedings for a dissolution, nullity or separation order, the court must consider—
a
whether there are any children of the family to whom this section applies, and
b
if there are any such children, whether (in the light of the arrangements which have been, or are proposed to be, made for their upbringing and welfare) it should exercise any of its powers under the Children (Northern Ireland) Order 1995 (S.I. 1995/755 (N.I. 2)) with respect to any of them.
2
If, in any case to which this section applies, it appears to the court that—
a
the circumstances of the case require it, or are likely to require it, to exercise any of its powers under the 1995 Order with respect to any such child,
b
it is not in a position to exercise the power or (as the case may be) those powers without giving further consideration to the case, and
c
there are exceptional circumstances which make it desirable in the interests of the child that the court should give a direction under this section,
it may direct that the order is not to be made final, or (in the case of a separation order) is not to be made, until the court orders otherwise.
3
This section applies to—
a
any child of the family who has not reached 16 at the date when the court considers the case in accordance with the requirements of this section, and
b
any child of the family who has reached 16 at that date and in relation to whom the court directs that this section shall apply.