At Donnelly & Kinder Solicitors, we understand the difficult situations that can unfold during the breakdown of a relationship particularly when there are children involved.
If you have separated from your spouse or partner, if you are a grandparent or if you have a “significant relationship” with a child and you are not being permitted to see that child then you may be entitled to apply to the Court for an Order in respect of the relevant child. Below is a brief review of the legislation to assist you:
THE CHILDREN (NI) ORDER 1995
The Children (NI) Order 1995 is the central piece of legislation which, in the absence of agreement between the parties, regulated the rights of the child to have contact with the non-resident parent (for parent read any person having Parental Responsibility for that child) or other significant adult.
Under this legislation, the Court can Order a Contact Order which defines the contact the non-resident parent will have with a child.
the Children (NI) Order can also assist in the determination of where & with whom the child will reside pursuant to a Residence Order application.
In addition to addressing issues of Contact and Residence the Children Order also provides for the following private law applications to Family Proceedings Court closest to where the child resides or is habitually resident:
LmL-3
01 Dec 2017 (Yell.com review)