Orders may, if necessary, be made ex parte (without notice to the other side).Īlso, where there is a contact/access order in force and it is feared that the child may be abducted by the person exercising contact, an application may be made for a variation of the order, for example, to provide for the contact to be supervised.Ī wide range of orders may be made under the High Court's inherent jurisdiction with respect to children or as part of wardship proceedings. Additionally, an application may be brought for the child to be made a ward of the High Court, which imposes an automatic prohibition on taking the child out of the United Kingdom. In cases where abduction is feared and there is evidence to support that fear, the court may make a prohibited steps order to restrain either or both parents, from taking the child abroad at all.
Unless the court orders otherwise, a parent with a residence order may take a child out of the United Kingdom for a period of up to 28 days without a prior application to the court or the consent of the other parent.įailure or refusal to return the child to the United Kingdom once this 28 day period has expired will constitute a wrongful retention of the child for the purposes of the Hague Convention and the Revised Brussels II Regulation. Orders expressed in terms of custody and access continue to have effect unless a court discharges and replaces them with a residence or contact order or the child turns 18. The orders available to the courts include residence orders, which settle with whom the child is to live, and contact orders, which deal with any form of contact which the child is to have with the other parent and significant people such as grandparents or step-parents. Orders made under the 1995 Order are based on the principle that the best interests of the child are the paramount consideration. Each parent is bound to obey any orders made under the Children Order. The 1995 Order provides a flexible system of orders intended to settle particular matters. The 1995 Order emphasises that parents have continuing responsibility for their children and generally should have continued involvement in the children's upbringing even after separation.
the court, on his application, orders that he shall have parental responsibility for the child.he and the child's mother make an agreement (a "parental responsibility agreement") providing for him to have parental responsibility for the child.he becomes registered as the child's father.When the father is not married to the mother, he does not have parental responsibility simply by being the father, but he may acquire parental responsibility for the child if
When a child's parents are married, they both have parental responsibility. This Order created the new concept of parental responsibility, meaning the duties, rights and authority which a parent has in respect of their child. The law in Northern Ireland is primarily governed by the Children (Northern Ireland) Order 1995, (“the 1995 Order”), which came into operation in 1996. The Revised Brussels II Regulation (“Brussels IIa”) is effective without the need for domestic legislation and the court rules have been amended to accommodate the regulation. A parent can also be charged with the common law offence of kidnapping. In Northern Ireland the Legal Aid, Advice and Assistance (Northern Ireland) Order 1981 and the Legal Aid (General) Regulations (Northern Ireland) 1965 provide financial support for litigants, the Family Law Act 1986 has provisions for making orders for the protection of children and the Child Abduction (Northern Ireland) Order 1985 makes it a criminal offence for a person connected with a child to take or send the child out of the United Kingdom without the appropriate consent. The Child Abduction and Custody Act 1985 gives effect to the Hague and European Conventions in English law. However, once a child has been removed from the United Kingdom, parental abduction is usually treated as a civil matter. In Northern Ireland child abduction involves both the civil and criminal law. Law on child abduction in Northern Ireland
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