PART IIIORDERS WITH RESPECT TO CHILDREN IN FAMILY PROCEEDINGS

General

Residence, contact and other orders with respect to children8

1

In this Order—

  • “contact order” means an order requiring the person with whom a child lives, or is to live, to allow the child to visit or stay with the person named in the order, or for that person and the child otherwise to have contact with each other;

  • “prohibited steps order” means an order that no step which could be taken by a parent in meeting his parental responsibility for a child, and which is of a kind specified in the order, shall be taken by any person without the consent of the court;

  • “residence order” means an order settling the arrangements to be made as to the person with whom a child is to live; and

  • “specific issue order” means an order giving directions for the purpose of determining a specific question which has arisen, or which may arise, in connection with any aspect of parental responsibility for a child.

2

In this Order “Article 8 order” means any of the orders mentioned in paragraph (1) and any order varying or discharging such an order.

3

For the purposes of this Order “family proceedings” means any proceedings—

a

under the inherent jurisdiction of the High Court in relation to children; and

b

under the provisions mentioned in paragraph (4),

but does not include proceedings on an application for leave under Article 173(2) (restriction on use of wardship jurisdiction).

4

The provisions are—

a

Part II, this Part, Part V (care and supervision) and Part XV (guardians);

b

the Matrimonial Causes (Northern Ireland) Order 1978F1;

c

the Domestic Proceedings (Northern Ireland) Order 1980F2;

Sub‐para.(d) rep. by 1998 NI 6

e

the Adoption Order;

f

Part IV of the Matrimonial and Family Proceedings (Northern Ireland) Order 1989F3;

F4g

section 54 F7or 54A of the Human Fertilisation and Embryology Act 2008;

F5h

the Family Homes and Domestic Violence (Northern Ireland) Order 1998.

F6i

Chapter 2 of Part 4 of, or Schedule 15, 16 or 17 to, the Civil Partnership Act 2004