Children Act 1989

Orders to which paragraphs 6 to 11 apply E+W

5 (1) In paragraphs 6 to 11 “an existing order” means any order which— E+W

(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 M1 Domestic Proceedings and Magistrates’ Courts Act 1978;

(b) the M2 Children Act 1975;

(c) the M3 Matrimonial Causes Act 1973;

(d) the Guardianship of Minors Acts 1971 and 1973;

(e) the M4 Matrimonial Causes Act 1965;

(f) the M5 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.

Commencement Information

I1 Sch. 14 para. 5 wholly in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)

Marginal Citations

M1 1978 c. 22.

M2 1975 c. 72.

M3 1973 c. 18.

M4 1965 c. 72.

M5 1960 c. 48.