Paragraph 5 I1

(1)

In paragraphs 6 to 11 “an existing order” means any order which—

(a)

is in force immediately before the commencement of Parts I and II;

(b)

was made under any enactment mentioned in sub-paragraph (2);

(c)

determines all or any of the following—

(i)

who is to have custody of a child;

(ii)

who is to have care and control of a child;

(iii)

who is to have access to a child;

(iv) any matter with respect to a child’s education or upbringing; and

(d)

is not an order of a kind mentioned in paragraph 15(1).

(2)

The enactments are—

(a)

the M1Domestic Proceedings and Magistrates’ Courts Act 1978;

(b)

the M2Children Act 1975;

(c)

the M3Matrimonial Causes Act 1973;

(d)

the Guardianship of Minors Acts 1971 and 1973;

(e)

the M4Matrimonial Causes Act 1965;

(f)

the M5Matrimonial Proceedings (Magistrates’ Courts) Act 1960.

(3)

For the purposes of this paragraph and paragraphs 6 to 11 “custody” includes legal custody and joint as well as sole custody but does not include access.

Annotations

Marginal citations

M1: 1978 c. 22.
M2: 1975 c. 72.
M3: 1973 c. 18.
M4: 1965 c. 72.
M5: 1960 c. 48.

Commencement

I1: Sch. 14 para. 5 wholly in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)