The Children (Allocation of Proceedings) (Amendment) Order (Northern Ireland) 2004

Amendment to the Children (Allocation of Proceedings) Order (Northern Ireland) 1996

2.  The Children (Allocation of Proceedings) Order (Northern Ireland) 1996(1), is hereby amended:

(1) by deleting sub-paragraph (t) in Article 3(1);

(2) by substituting in Article 3(1)(u) for the words “Child Support Appeals (Jurisdiction of Courts) Order (Northern Ireland) 1993” the words “Child Support Appeals (Jurisdiction of Courts) Order (Northern Ireland) 2002”;

(3) by inserting in Article 4(2) after the words “Articles 5,” the figures “5A,”;

(4) by inserting after Article 5 the following new Article 5A –

“Transfer from one family proceedings court to another

5A.— (1) A family proceedings court (the “transferring court”) shall transfer proceedings to which this Article applies to another family proceedings court (the “receiving court”) where –

(a) having regard to the principle set out in Article 3(2) of the 1995 Order the transferring court considers that the transfer is in the interests of the child –

(i) because it is likely to significantly accelerate the determination of the proceedings,

(ii) because it would be appropriate for those proceedings to be heard together with other family proceedings which are pending in the receiving court, or

(iii) for some other reason, and

(b) the receiving court consents to the transfer.

(2) This Article applies to proceedings of the kind mentioned in sub-paragraph (a) to (c), (f) to (j) and (n) of Article 3(1).”;

(5) by deleting in Article 7(a) the reference to sub-paragraph “(t)”;

(6) by inserting in Article 15 after the words “Londonderry Recorder’s Court”, the words “, Dungannon county court”; and,

(7) by inserting in Schedule 2 after the words “Craigavon county court” the words “Dungannon county court”.

(1)

S.R. 1996 No. 300 as amended by S.R. 2002 No. 350