Article 12 Residence orders and parental responsibility

Northern Ireland

(1)

Where the court makes a residence order in favour of the father of a child it shall, if the father would not otherwise have parental responsibility for the child, also make an order under Article 7 giving him that responsibility.

F1(1A)

Where the court makes a residence order in favour of a person who is a parent of a child by virtue of section 43 of the Human Fertilisation and Embryology Act 2008 it shall, if that person would not otherwise have parental responsibility for the child, also make an order under Article 7(1ZA) giving her that responsibility.

(2)

Where the court makes a residence order in favour of any person who is not the parent or guardian of the child concerned that person shall have parental responsibility for the child while the residence order remains in force.

(3)

Where a person has parental responsibility for a child as a result of paragraph (2), he shall not have the right—

(a)

to consent, or refuse to consent, to the making of an application with respect to the child under Article 17 of the Adoption Order;

(b)

to agree, or refuse to agree, to the making of an adoption order, or an order under Article 57 of the Adoption Order, with respect to the child; or

(c)

to appoint a guardian for the child.

(4)

Where paragraph (1) F2or (1A) requires the court to make an order under Article 7 in respect of the F3parent of a child, the court shall not bring that order to an end at any time while the residence order concerned remains in force.

Annotations

Textual amendments

F1: Art. 12(1A) inserted (6.4.2009 for certain purposes otherwise 1.9.2009) by Human Fertilisation and Embryology Act 2008 (c. 22), ss. 56, 68(2), Sch. 6 para. 74(2); S.I. 2009/479, art. 6(1)(e)(f)(2) (with transitional provisions in art.7, Sch. 1)
F2: Words in art. 12(4) inserted (6.4.2009 for certain purposes otherwise 1.9.2009) by Human Fertilisation and Embryology Act 2008 (c. 22), ss. 56, 68(2), Sch. 6 para. 74(3)(a); S.I. 2009/479, art. 6(1)(e)(f)(2) (with transitional provisions in art.7, Sch. 1)
F3: Word in art. 12(4) substituted (6.4.2009 for certain purposes otherwise 1.9.2009) by Human Fertilisation and Embryology Act 2008 (c. 22), ss. 56, 68(2), Sch. 6 para. 74(3)(b); S.I. 2009/479, art. 6(1)(e)(f)(2) (with transitional provisions in art.7, Sch. 1)