# Children Act 1989, Paragraph 5


(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 Domestic Proceedings and Magistrates’ Courts Act 1978;
(b) the Children Act 1975;
(c) the Matrimonial Causes Act 1973;
(d) the Guardianship of Minors Acts 1971 and 1973;
(e) the Matrimonial Causes Act 1965;
(f) the Matrimonial 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.

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Source: https://www.legislation.gov.uk/ukpga/1989/41/schedule/14/paragraph/5 (the official version)
Page: https://openlegislation.uk/children-act-1989/schedule-14/paragraph-5
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.

