Northern Ireland

Northern Ireland operates a separate jurisdiction to England, Wales and Scotland.

The Children Act 1989 was brought into operation in Northern Ireland (with some differences) by the Children (Northern Ireland) Order 1995.

However, the Family Homes and Domestic Violence (NI) Order 1998 which deals with residence orders and parental responsibility, includes the following Article:

Residence and contact orders and domestic violence

12A
(1) Where a court is considering whether to make a residence or contact order in favour of a prohibited person, the court shall consider whether the child has suffered or is at risk of suffering any harm through seeing or hearing ill-treatment of another person by the prohibited person.

(2) A person is a prohibited person for the purposes of paragraph (1) if either he is or the court considers that he should be prohibited by a non-molestation order under the Family Homes and Domestic Violence (Northern Ireland) Order from molesting another person.

(3) Paragraph (1) is without prejudice to Article 3 [the welfare check-list...].

In July 1999 the Office of Law Reform issued a consultation paper on Parental Responsibility for Unmarried Fathers and Court Procedures for the Determination of Paternity which suggested that the Northern Ireland Act 1988 (section 75 - not yet in force) will provide legal grounds to challenge discrimination in the family courts. This section contains the following statutory duty on public authorities:

75. (1) A public authority shall in carrying out its functions relating to Northern Ireland have due regard to the need to promote equality of opportunity-

(a) between persons of different religious belief, political opinion, racial group, age, marital status or sexual orientation;

(b) between men and women generally...

Read the FNF Response to the consultation paper on Parental Responsibility for Unmarried Fathers and Court Procedures for the Determination of Paternity (October 1999).

Other relevant regulations include:

Family Law Reform (NI) Order 1997
Blood Tests (Evidence of Paternity) Regulations (NI) 1978
Matrimonial and Family Proceedings (NI) Order 1989
Children (Allocation of Proceedings)(NI) Order 1996

Northern Ireland also has its own Northern Ireland Child Support Agency which is subject to the Child Support (NI) Order 1991 and Child Support (NI) Order 1995.

See also the Northern Ireland Office website, the Northern Ireland Executive and the Northern Ireland Court Service for further information.

See also the Northern Ireland Assembly website.

Northern Ireland

Updated 29-02-2000