Article 8 Family Homes and Domestic Violence (Northern Ireland) Order 1998

For rule 4.25 there shall be substituted the following—

“Notification of consent

4.25

(1)

Consent for the purposes of—

(a)

Article 16(3),

(b)

Article 33(3)(c) or (d),

(c)

Article 57A(2)(b)(ii), or

(d)

Article 63A(2)(b)(ii)

shall be given either—

(i)

orally in court, or

(ii)

in writing to the court signed by the person giving his consent.

(2)

Any written consent given for the purposes of sub-paragraph (2) of Article 57A or Article 63A, shall include a statement that the person giving consent—

(a)

is able and willing to give to the child the care which it would be reasonable to expect a parent to give him; and

(b)

understands that the giving of consent could lead to the exclusion of the relevant person from the dwelling house in which the child lives.

Exclusion requirements: interim care orders and emergency protection orders

4.25A

(1)

This rule applies where the court includes an exclusion requirement in an interim care order or an emergency protection order.

(2)

The applicant shall—

(a)

prepare a separate statement of evidence in support of the making of the exclusion requirement;

(b)

serve the statement personally on the relevant person with a copy of the order containing the exclusion requirement;

(c)

inform the relevant person of his right to apply to vary or discharge the exclusion requirement.

(3)

The relevant person shall serve the parties to the proceedings with any application which he makes for the variation or discharge of the exclusion requirement.

(4)

Where an exclusion requirement ceases to have effect whether—

(a)

as a result of the removal of a child under Article 57A(6) or 63A(6),

(b)

because of the discharge of the interim care order or emergency protection order, or

(c)

otherwise,

the applicant shall inform—

(i)

the relevant person,

(ii)

the parties to the proceedings,

(iii)

(where necessary) the court.

(5)

Where the court includes an exclusion requirement in an interim care order or an emergency protection order of its own motion, paragraph (2) shall apply with the omission of any reference to the statement of the evidence.

(6)

In this rule—

• “the applicant” means the person who initiated the proceedings in which the interim care order or emergency protection order is made;

• “exclusion requirement” means one or more of the provisions referred to in Article 57A(3) or, as the case may be, Article 63A(3); and

• “relevant person” has the same meaning as in Article 57A(2)(a) or, as the case may be, Article 63A(2)(a)”.