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Article 3 Proceedings to be commenced in a family proceedings court

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

(1)

Subject to paragraphs (2), (3), (4) and (5) and to Article 4, proceedings under any of the following provisions of the 1995 Order shall be commenced in a family proceedings court.

(a)

Article 7 (acquisition of parental responsibility);

(b)

Article 8 (residence, contact and other orders with respect to children);

(c)

Article 33 (arrangements to assist children to live abroad);

(d)

Article 41 (contribution orders);

(e)

Article 44 (secure accommodation);

(f)

Article 50 (care orders and supervision orders);

(g)

Article 52(7) (leave to change name or remove child from the United Kingdom);

(h)

Article 53 (parental contact);

(i)

Article 55 (education supervision orders);

(j)

Article 62 (child assessment orders);

(k)

Article 63 (emergency protection orders);

(l)

Article 64 (duration of emergency protection order);

(m)

Article 67 (power to assist in discovery of children);

(n)

Article 69 (recovery of abducted children);

(o)

Article 113 (appeal in relation to private fostering);

(p)

Article 129 (protection of children in an emergency);

(q)

Article 131(6) (appeal against steps taken under Article 131(1));

(r)

Article 145 (appeal against refusal of licence under Part XII);

(s)

Article 178 (police assistance in exercise of powers of search and inspection);

(t)

Article 28 of the Child Support (Northern Ireland) Order 1991f1 (declaration of parentage);

(u)

Article 22 of the Child Support (Northern Ireland) Order 1991 (appeals) where the appeal is to be made to a court of summary jurisdiction in accordance with the Child Support Appeals (Jurisdiction of Courts) Order (Northern Ireland) 1993f2.

(2)

Notwithstanding paragraph (1), proceedings of the kind specified in sub-paragraph (a) and (b) of that paragraph shall be commenced in a court in which there are pending any other family proceedings which may affect or are connected with the child in respect of whom the proceedings under paragraph (1)(a) or (b) are sought to be commenced.

(3)

Notwithstanding paragraph (1) and subject to paragraph (5) proceedings of a kind specified in sub-paragraph (f), (i), (j), (k) or (m) of paragraph (1) which arise out of an investigation directed by a court under Article 56(1) of the 1995 Order shall be commenced—

(a)

in the court which directed the investigation; or

(b)

if the court which directed the investigation so orders, in a family proceedings court.

(4)

Notwithstanding paragraph (1) and subject to paragraph (5) proceedings of a kind specified in sub-paragraph (i) which arise out of a direction by a court under paragraph (6) of Schedule 13 to the Education and Libraries (Northern Ireland) Order 1986f3 shall be commenced—

(a)

in the court which made the direction; or

(b)

if the court which made the direction so orders, in a family proceedings court.

(5)

Notwithstanding paragraphs (1), (3) and (4) proceedings of a kind specified in sub-paragraphs (c), (e) to (n) or (s) shall be commenced in a court in which there are pending any other proceedings under the 1995 Order in relation to the same child and which are also of a kind set out in those sub-paragraphs.

Annotations

Footnotes

f1

S.I. 1991/2628 (N.I. 23)

f2

S.R. 1993 No. 104

f3

S.I. 1986/594 (N.I. 3); paragraph 6 of Schedule 13 was substituted by paragraph 131 of Schedule 9 to the Children (Northern Ireland) Order 1995 (S.I. 1995/755 (N.I. 2))