Children Act 1989

Enforcement of certain existing orders E+W

10 (1) Sub-paragraph (2) applies in relation to any existing order which, but for the repeal by this Act of— E+W

(a) section 13(1) of the Guardianship M1 of Minors Act 1971;

(b) section 43(1) of the M2 Children Act 1975; or

(c) section 33 of the M3 Domestic Proceedings and Magistrates’ Courts Act 1978,

(provisions concerning the 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.

(2) Where this sub-paragraph applies, the existing order may, after the repeal of the enactments mentioned in sub-paragraph (1)(a) to (c), be enforced under section 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.

Commencement Information

I1 Sch. 14 para. 10 wholly in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)

Marginal Citations

M1 1971 c. 3.

M2 1975 c. 72.

M3 1978 c. 22.