The Children (Northern Ireland) Order 1995, Paragraph 9 is up to date with all changes known to be in force on or before 03 March 2025. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
9.—(1) Sub-paragraph (2) applies in relation to any existing order which, but for the repeal by this Order of Article 37 of the Domestic Proceedings (Northern Ireland) Order 1980F1 (enforcement of custody orders) might have been enforced as if it were an order requiring a person to give up a child to another person.N.I.
(2) Where this sub-paragraph applies, the existing order may, after the repeal mentioned in sub-paragraph (1), be enforced under Article 14 as if—
(a)any reference to a residence order were a reference to the existing order; and
(b)any reference to a person in whose favour the residence order is in force were a reference to a person to whom actual custody of the child is given by an existing order which is in force.
(3) In sub-paragraph (2) “actual custody”, in relation to a child, means the actual possession of his person.
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