MATRIMONIAL CAUSES (NORTHERN IRELAND) ORDER 1978

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MATRIMONIAL CAUSES (NORTHERN IRELAND) ORDER 1978 - SECT 45



45.(1) The court may make such order as it thinks fit for the custody and
education of any child of the family who is under the age of 18

(a)in any proceedings for divorce, nullity of marriage or judicial separation,
before or on granting a decree or at any time thereafter (whether, in the case
of a decree of divorce or nullity of marriage, before or after the decree is
made absolute);

(b)where any such proceedings are dismissed after the beginning of the trial,
either forthwith or within a reasonable period after the dismissal;

(2) Where the court makes an order under Article 29, the court shall also have
power to make such order as it thinks fit with respect to the custody of any
child of the family who is for the time being under the age of 18; but the
power conferred by this paragraph and any order made in exercise of that power
shall have effect only as respects any period when an order is in force under
that Article and the child is under that age.

(3) Where the court grants or makes absolute a decree of divorce or grants a
decree of judicial separation, it may include in the decree a declaration that
either party to the marriage in question is unfit to have the custody of the
children of the family.

(4) Where a decree of divorce or of judicial separation contains such a
declaration as is mentioned in paragraph (3), then, if the party to whom the
declaration relates is a parent of any child of the family, that party shall
not, on the death of the other parent, be entitled as of right to the custody
or the guardianship of that child.

(5) Where an order in respect of a child is made under this Article, the order
shall not affect the rights over or with respect to the child of any person,
other than a party to the marriage in question, unless the child is the child
of one or both of the parties to that marriage and that person was a party to
the proceedings on the application for an order under this Article.

(6) The power of the court under paragraph (1)(a) or (2) to make an order with
respect to a child shall be exercisable from time to time; and where the court
makes an order under paragraph (1)(b) with respect to a child it may from time
to time until that child attains the age of 18 make a further order with
respect to his custody and education.

(7) The court shall have power to vary or discharge an order made under this
Article or to suspend any provision thereof temporarily and to revive the
operation of any provision so suspended.

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Northern Irish Legislation

MATRIMONIAL CAUSES (NORTHERN IRELAND) ORDER 1978 - SECT 45