Part I Child Custody
Chapter IV Jurisdiction of Courts in Northern Ireland
23 Duration and variation of custody orders.
1
If a F1custody orderF1Part I order made by a court in England and Wales or Scotland (or a variation of such an order) comes into force with respect to a child at a time when a F1custody orderF1Part I order made by a court in Northern Ireland has effect with respect to him, the latter order shall cease to have effect so far as it makes provision for any matter for which the same or different provision is made by (or by the variation of) the order made by the court in England and Wales or Scotland.
2
3
A court in Northern Ireland shall not have jurisdiction—
a
b
if, on the relevant date, proceedings for divorce, nullity or judicial separation are continuing in England and Wales or Scotland in respect of the marriage of the parents of the child concerned.
4
Subsection (3) above shall not apply if the court in which the proceedings there referred to are continuing has made—
a
b
and that order is in force.
5
Subsection (3) above shall not apply in the case of a variation of a F1custody orderF1Part I order within F4section 1(1)(d)F4section 1(1)(e) of this Act if the ward is present in Northern Ireland on the relevant date and the court considers that the immediate exercise of its powers is necessary for his protection.
6
Where any person who is entitled to the actual possession of a child under a F1custody orderF1Part I order made by a court in Northern Ireland ceases to be so entitled by virtue of subsection (1) above, then, if there is in force an order for the supervision of that child made under—
a
Article 47 of the Matrimonial Causes (Northern Ireland) Order 1978, or
b
Article 11 of the M2Domestic Proceedings (Northern Ireland) Order 1980,
that order shall also cease to have effect.
7
In this section “the relevant date” means—
a
where an application is made for a variation, the date of the application (or first application, if two or more are determined together), and
b
where no such application is made, the date of the variation.