- Statutory Rule 1999 No. 63
Magistrates' Courts (Children (Northern Ireland) Order 1995) (Amendment) Rules (Northern Ireland) 1999
© Crown Copyright 1999
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| Made | 14th February 1999 | ||
| Coming into operation in accordance with Rule 1 |
The Lord Chancellor, in exercise of the powers conferred on him by Article 13 of the Magistrates' Courts (Northern Ireland) Order 1981[1] and Articles 71 and 165 of the Children (Northern Ireland) Order 1995[2] and all other powers enabling him in that behalf, on the advice of the Magistrates' Courts Rules Committee and after consultation with the Lord Chief Justice, hereby makes the following Rules: -
Citation, commencement and interpretation
1. - (1) These Rules may be cited as the Magistrates' Courts (Children (Northern Ireland) Order 1995) (Amendment) Rules (Northern Ireland) 1999 and shall come into operation on the same day as Article 29 of the Family Homes and Domestic Violence (Northern Ireland) Order 1998 comes into operation.
(2) The Magistrates' Courts (Children (Northern Ireland) Order 1995) Rules (Northern Ireland) 1996[3] shall be amended in accordance with the following provisions of these Rules and, in those provisions, any reference to a rule by number alone shall be construed as a reference to the rule so numbered in the said Rules of 1996.
Service
2. In rule 9, for the words "Rule 11" there shall be substituted the words "Rule 11 and rule 13".
Disclosure of documents
3. Rule 23 shall be amended by -
-
(a) in paragraph (1), substituting for the words "paragraphs (2) and (3)" the words "paragraphs (2) to (4)"; and
(b) adding, after paragraph (3), the following new paragraph -
-
"
(4)
Nothing in paragraph (1) shall prevent the disclosure of a document prepared by a guardian ad litem for the purpose of -
-
(a) enabling a person to perform functions required by regulations made under Article 60(7);
(b) assisting a guardian ad litem who is appointed under any enactment to perform his functions.".
Amendments consequential to the Family Homes and Domestic Violence (Northern Ireland) Order 1998[4]
4.
- (1) For rule 25 there shall be substituted the following new rule -
-
"
Notification of Consent
25. - (1) Consent for the purposes of -
-
(a) Article 16(3), or
(b) Article 33(3)(c) or (d), or
(c) Article 57A(2)(b)(ii), or
(d) Article 63A(2)(b)(ii)
may be given either orally in court or in writing signed by the person giving the consent.
(2) Any written consent given for the purposes of 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.".
5.
After rule 25, there shall be inserted the following new rule -
-
"
Exclusion requirements: interim care orders and emergency protection orders
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 the evidence in support of the inclusion of an exclusion requirement;
(b) serve the statement 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 Article 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; and
(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 the 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).".
Forms
6.
There shall be substituted for Forms C8, C20 and C28 in Schedule 1 to the Magistrates' Courts (Children (Northern Ireland) Order 1995) Rules (Northern Ireland) 1996 the Forms contained in the Schedule to these Rules.
Saving
7.
Nothing in rules 2 to 6 shall apply to proceedings commenced before these rules came into operation.
Irvine of Lairg, C.
Dated 14th February 1999
of
Applicant
FAMILY PROCEEDINGS COUTRT AT
of
Respondent
COUNTY COURT DIVISION OF
1 Description of the child(ren)
If a child's identity is not known, state details which will identify the child. You may enclose a recent photograph of the child, which should be dated.
2 The grounds for the application
The grounds are
| ANY APPLICANT |
A  |
that there is reasonable cause to believe that [this] [these] child[ren] [is] [are] likely to suffer significant harm ifthe child[ren] [is] [are] not removed to accommodation provided by or on behalf of this applicant |
| or |
the child[ren] [does] [do] not remain in the place where [the child] [they] [is] [are] currently being accommodated. |
|
| BOARD OR TRUST APPLICANTS |
B |
that enquiries are being made about the welfare of the child[ren] under Article 66(1)(b) of the Children (Northern Ireland) Order 1995 and those enquiries are being frustrated by access to the child[ren] being unreasonably refused to someone who is authorised to seek access and there is reasonable cause to believe that access to the child[ren] is required as a matter of urgency. |
| AUTHORISED PERSON APPLICANTS |
C |
that there is reasonable cause to suspect that the child[ren] [is] [are] suffering, or [is] [are] likely to suffer, significant harm and enquiries are being made with respect to the welfare of the child[ren] and those enquiries are being frustrated by access to the child[ren] being unreasonably refused to someone who is authorised to seek access and there is reasonable cause to believe that access to the child[ren] is required as a matter of urgency. |
3 The additional order(s) applied for
information on the whereabouts of the child[ren] (Article 67(1) of the Children (Northern Ireland) Order 1995). authorisation for entry of premises (Article 67(3) of the Children (Northern Ireland) Order 1995). authorisation to search for another child on the premises (Article 67(4) of the Children (Northern Ireland) Order 1995).4 The direction(s) sought
contact (Article 63(6)(a) of the Children (Northern Ireland) Order 1995). a medical or psychiatric examination or other assessment of the child[ren] (Article 63(6)(b) of the Children (Northern Ireland) Order 1995). to be accompanied by a registered medical practitioner, registered nurse or registered health visitor (Article 64(11) of the Children (Northern Ireland) Order 1995). an exclusion requirement (Article 63A(1) of the Children (Northern Ireland) Order 1995).5 The reason(s) for the application
If you are relying on a report or other documentary evidence, state the date(s) and author(s) and enclose a copy.
Signed
(Applicant)
Date
FAMILY PROCEEDINGS AT
Applicant
Respondent
COUNTY COURT DIVISION OF
| Order | Emergency Protection Order |
| Article 63 Children (Northern Ireland) Order 1995 | |
| The full name(s) of the child[ren] Boy or Girl Date(s) of Birth | |
| [described as] | |
| Warning | It is an offence intentionally to obstruct any person exercising the power under Article 63(4)(b) Children (Northern Ireland) Order 1995 to remove, or prevent the removal of a child (Article 63(15) Children (Northern Ireland) Order 1995) |
| The court grants | an Emergency Protection Order to the applicant who is |
| The order gives the applicant parental responsibility for the child[ren] | |
| The court authorises | [the applicant to remove the child[ren] to accommodation provided by or on behalf of the applicant] |
| [the applicant to prevent the child[ren] being removed from]. | |
| [This order directs that | any person who can produce the child[ren] to the applicant must do so]. |
| The court directs that | [[a named person] be excluded from [a named address] [forthwith] [from [date]] so that the child may continue to live there, consent to the exclusion requirement having been given by [a named person]. |
This order has [not] been made ex parte
This order ends on at [am] [pm]
Ordered by
on at [am] [pm]
Notes about the Emergency Protection Order
| About this order | This is an Emergency Protection Order. |
| This order states what has been authorised in respect of the child[ren] and when the order will end. | |
| The court can extend this order for up to 7 days but it can only do this once. | |
| Warning | If you are shown this order you must comply with it. If you do not, you may commit an offence. Read the order now. |
| What you may do |
You may apply to the court to change the directions or to end the order. |
| You may apply at any time, but the court will only hear an application to end an order when 72 hours have passed since the order was made. | |
| If you would like to ask the court to change the directions, or end the order, you must fill in a form. You can obtain the form from a court office. | |
| If the court has directed that the child[ren] should have a medical, psychiatric or another kind of examination, you may ask the court to allow a doctor of your choice to be at the examination. | |
| What you should do | Go to a solicitor as soon as you can. |
| Some solicitors specialise in court proceedings which involve children. You can obtain the address of a solicitor or advice agency from the Yellow Pages or the Law Society. | |
| A solicitor or an advice agency will be able to tell you whether you may be eligible for legal aid. |
of
Applicant
FAMILY PROCEEDINGS COURT AT
of
Respondent
COUNTY COURT DIVISION OF
| Order | Interim Care Order |
| Article 57 Children (Northern Ireland) Order 1995 | |
| The full name(s) of the child[ren] Date(s) of birth |
| The order expires on | |
| [The court directs | [a named person] be excluded from [a named address] [forthwith] [from date] so that the child may continue to live there, consent to the exclusion requirement having been given by [a named person]]. |
| Warning | While a Care Order is in force no person may cause the child[ren] to be known by a new surname or remove the child[ren] from the United Kingdom without the written consent of every person with parental responsibility for the child[ren] or the leave of the court. |
| However, the authority, in whose care a child is, may remove that child from the United Kingdom for a period of less than 1 month. | |
| It may be a criminal offence under the Child Abduction (Northern Ireland) Order 1985 to remove the child[ren] from the United Kingdom without the leave of the court. |
(This note is not part of the Rules.)
These Rules amend the Magistrates' Courts (Children (Northern Ireland) Order 1995) Rules (Northern Ireland) 1996 so as to -
-
(a) allow for the postal service of summonses (rule 2);
(b) relax, for specified purposes, the requirements for confidentiality in respect of the report of a guardian ad litem (rule 3); and
(c) make provision where the court includes an exclusion requirement in an interim care order or an emergency protection order (rules 4 to 6).
Notes:
[1] S.I. 1981/1675 (N.I. 26)back
[2] S.I. 1995/755 (N.I. 2)back
[4] S.I. 1998/1071 (N.I. 6)back
ISBN 0 337 93422 3