Article 4 Application to extend, vary or discharge order

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

arts.3(3), 4(1)(4) amended by Children (Allocation of Proceedings) 1993 arts.5, 6
art 4 rev in pt by Children (Allocation of Proceedings) 2005 arts 2, 3, 8(a)
arts 4–16 am by Children (Allocation of Proceedings) 2005 arts 2, 3, 8(b), (c)(i), (ii), (d), 9–12, 13(a), (d), 14(b)
art 4 am by Children (Allocation of Proceedings) 2005 arts 3, 8(c)(iii)

(1)

Subject to paragraphs (2) and (3), proceedings under the Act, or under the Adoption Act 1976–

(a)

to extend, vary or discharge an order, or

(b)

the determination of which may have the effect of varying or discharging an order,

shall be made to the court which made the order.

(2)

Notwithstanding paragraph (1), an application for an order under section 8 which would have the effect of varying or discharging an order made, by a county court, in accordance with section 10(l)(b) shall be made to a divorce county court.

(3)

Notwithstanding paragraph (1), an application to extend, vary or discharge an order made, by a county court, under section 38, or for an order which would have the effect of extending, varying or discharging such an order, shall be made to a care centre.

(4)

A court may transfer proceedings made in accordance with paragraph (l) to any other court in accordance with the provisions of articles 5 to 13.