Children Act 1989

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.