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Magistrates' Courts (Children (Northern Ireland) Order 1995) Rules (Northern Ireland) 1996

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Rule 4

SCHEDULE 2Notices and Respondents

(i)(ii)(iii)(iv)
Provision under which proceedings broughtMinimum number of days prior to hearing or directions appointment for service under rule 4(2)RespondentsPersons to whom notice is to be given
All applicationsSee separate entries below

Subject to separate entries below:

every person whom the applicant believes to have parental responsibility for the child;

where the child is the subject of a care order, every person whom the applicant believes to have had parental responsibility immediately prior to the making of the care order;

in the case of an application to extend, vary or discharge an order, the parties to the proceedings leading to the order which it is sought to have extended, varied or discharged;

in the case of specified proceedings, the child.

Subject to separate entries below:

any authority providing accommodation for the child;

persons who are caring for the child at the time when the proceedings are commenced;

in the case of proceedings brought in respect of a child who is alleged to be staying in a refuge which is certificated under Article 70(1) or (2), the person who is providing the refuge.

Article 7(1)(a), 7(4), 8, 13(1), 16(6), 33(1), 52(7), 159(1), 163(1) Schedule 1, Paragraphs 10(3) and 12(4) of Schedule 814 days

As for “all applications” above and:

in the case of proceed-ings under Schedule 1, those persons whom the applicant believes to be interested in or affected by the proceedings;

in the case of an application under paragraph 10(3)(b) or 12(4) of Schedule 8, any person, other than the child, named in the order or directions which it is sought to discharge or vary.

As for “all applications” above, and:

in the case of an application for an Article 8 order, every person whom applicant believes—

(i)

to be named in a court order with respect to the same child, which has not ceased to have effect,

(ii)

to be a party to pending proceedings in respect of the same child, or

(iii)

to be a person with whom the child has lived for at least 3 years prior to the application,

unless, in a case to which (i) or (ii) applies, the applicant believes that the court order or pending proceedings are not relevant to the application; in the case of an application under Article 33(1), the parties to the proceedings leading to the care order; in the case of an application under Article 159(1), the father of the child if he does not have parental responsibility.

Article 55(1), 58(1), 58(2), 58(3), 58(4), 62(1), Paragraph 6(3) of Schedule 3, Paragraphs 5(2) and 7(1) of Schedule 47 days

As for “all applications” above, and:

in the case of an application under Article 58(2) or (3), the supervisor;

in the case of proceedings under paragraph 7(1) of Schedule 4, the education and library board concerned;

in the case of proceedings under Article 55 or paragraph 5(2) or 7(1) of Schedule 4, the child.

As for “all applications” above, and:

in the case of an application for an order under Article 62(1)—

(i)

every person whom the applicant believes to be a parent of the child,

(ii)

every person whom the applicant believes to be caring for the child,

(iii)

every person in whose favour a contact order is in force with respect to the child, and

(iv)

every person who is allowed to have contact with the child by virtue of an order under Article 53.

Article 50, 53(2), 53(3), 53(4), 53(9) or 57(8)(b)3 days

As for “all applications” above, and:

in the case of an application under Article 53, the person whose contact with the child is the subject of the application.

As for “all applications” above, and:

in the case of an application under Article 50—

(i)

every person whom the applicant believes to be a party to pending relevant proceedings in respect of the same child, and

(ii)

every person whom the applicant believes to be a parent without parental responsibility for the child.

Article 62(12)2 daysAs for “all applications” above.Those of the persons referred to in Article 62(11)(a) to (e) who were not party to the application for the order which it is sought to have varied or discharged.
Article 44, 63(1), 63(9)(b), 64(3), 64(7), 67(9), 69(1), 178(1)1 day

As for “all applications” above, and:

in the case of an application under Article 63(9)(b)—

(i)

the parties to the application for the order in respect of which it is sought to vary the directions;

(ii)

any person who was caring for the child prior to the making of the order, and

(iii)

any person whose contact with the child is affected by the direction which it is sought to have varied;

in the case of an application under Article 69, the person whom the applicant alleges to have effected or to have been or to be responsible for the taking or keeping of the child.

Except for applications under Article 178(1), as for “all applications” above, and:

in the case of an application under Article 63(1), every person whom the applicant believes to be a parent of the child;

in the case of an application under Article 63(9)(b)—

(i)

the authority in whose area the child is living, and

(ii)

any person whom the applicant believes to be affected by the direction which it is sought to have varied;

in the case of an application under Article 178(1), the person referred to in Article 178(1) and any person preventing or likely to prevent such a person from exercising powers under enactments mentioned in paragraph (6) of that Article.

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