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MATRIMONIAL CAUSES (NORTHERN IRELAND) ORDER 1978 - SECT 47



47.(1) Where the court has jurisdiction by virtue of this Part to make an
order for the custody of a child and it appears to the court that there are
exceptional circumstances making it desirable that the child should be under
the supervision of an independent person, the court may, as respects any
period during which the child is, in exercise of that jurisdiction, committed
to the custody of any person, order that the child be under the supervision of
a probation officer or under the supervision of the Department of Health and
Social Services.

(2) Where the court makes an order under this Article for supervision by a
probation officer, the officer responsible for carrying out the order shall be
such probation officer as may be selected under arrangements made by the
Secretary of State.

(3) Where the court makes an order under this Article for supervision by the
Department of Health and Social Services, Article 17 of the Health and
Personal Social Services (Northern Ireland) Order 1972 (exercise of functions
by Health and Social Services Boards on behalf of the Department) shall apply
as if paragraph (1)(a) of that Article included a reference to functions
imposed under this Article.

(4) The court shall not have power to make an order under this Article as
respects a child who in pursuance of an order under Article 46 is in the care
of the Department.

(5) Where a child is under the supervision of any person in pursuance of this
Article the jurisdiction possessed by the court to vary any financial
provision order in the child's favour or any order made with respect to his
custody or education under this Part shall, subject to any rules of court, be
exercisable at the instance of the court itself.

(6) The court shall have power from time to time by an order under this
Article to vary or discharge any provision made in pursuance of this Article.



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© 1978 Crown Copyright

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