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The Children (Northern Ireland) Order 1995, Section 63A is up to date with all changes known to be in force on or before 17 August 2024. 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.
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63A.—(1) Where—
(a)on being satisfied as mentioned in Article 63(1)(a), (b) or (c), the court makes an emergency protection order with respect to a child, and
(b)the conditions mentioned in paragraph (2) are satisfied,
the court may include an exclusion requirement in the emergency protection order.
(2) The conditions are—
(a)that there is reasonable cause to believe that, if a person ( “the relevant person”) is excluded from a dwelling-house in which the child lives, then—
(i)in the case of an order made on the ground mentioned in Article 63(1)(a), the child will not be likely to suffer significant harm, even though the child is not removed as mentioned in Article 63(1)(a)(i) or does not remain as mentioned in Article 63(1)(a)(ii), or
(ii)in the case of an order made on the ground mentioned in sub-paragraph (b) or (c) of Article 63(1), the enquiries referred to in that sub-paragraph will cease to be frustrated, and
(b)that another person (whether a parent of the child or some other person)—
(i)is able and willing to live (or continue to live) in the dwelling-house and give to the child the care which it would be reasonable to expect a parent to give him, and
(ii)consents to the inclusion of the exclusion requirement.
(3) For the purposes of this Article an exclusion requirement is any one or more of the following—
(a)a provision requiring the relevant person to leave a dwelling-house in which he is living with the child,
(b)a provision prohibiting the relevant person from entering a dwelling-house in which the child lives, and
(c)a provision excluding the relevant person from a defined area in which a dwelling-house in which the child lives is situated and any other defined area.
(4) The court may provide that the exclusion requirement is to have effect for a shorter period than the other provisions of the order.
(5) Any period specified for the purposes of paragraph (4) may be extended by the court (on one or more occasions) on an application to vary or discharge the emergency protection order.
(6) If, while an emergency protection order containing an exclusion requirement is in force, the applicant has removed the child from the dwelling-house from which the relevant person is excluded to other accommodation for a continuous period of more than 24 hours, the order shall cease to have effect in so far as it imposes the exclusion requirement.]
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