The Child and Young Persons Act (Northern Ireland) 1968 is the legislative basis for certain offences against children. If a person over 16 who has responsibility for a child or young person under that age willfully assaults, ill-treats, neglects, abandons, exposes, or causes or procures him to be so treated, in a manner likely to […]
The Protection of Children (Northern Ireland) Order 1978 makes further provision to protect and create further criminal offences. A person who takes, or allows to be taken, distributes or shows any indecent photographs or pseudo photographs of children is guilty of an offence. A person who has any of the same in their possession with […]
Separation and divorce. Family law allows for judicial separation and, ultimately, divorce when a marriage has broken down. Judicial separation formalises the separation and addresses legal issues that result from permanent separation. Divorce provides for the dissolution of marriage and the right to remarry, while also dealing with property, maintenance, the matrimonial home, guardianship, and […]
The High Court and County Court have the power to hear divorce matters. The County Court hears divorce matters when the parties are domiciled in Northern Ireland or habitually resident in the jurisdiction before the petition. The High Court also has jurisdiction to hear divorce petitions. Many divorces are undefended; such cases generally come before the […]
Each party to a marriage must provide notice of the intended marriage to the registrar for the district where the marriage is to take place. This notice must be in a prescribed form and accompanied by the required fees and other necessary documents. It may also be prescribed that the marriage notice must be given […]
Ancillary relief refers to orders made on the occasion of divorce, nullity, or judicial separation. The child support legislation has placed the responsibility for financial arrangements for children with the statutory agency. The Matrimonial Causes Order, NI, 1978, as amended by the Matrimonial and Family NI Order, 1984, and 1991. Both the High Court and […]
There is no time limit for an ancillary relief application. It may be heard in the divorce petition once requested. However, it may also be made many years later. When exercising its powers to grant ancillary relief, this is to have regard to various factors. It is to have regard to the whole circumstances. The […]
A guardian is a person given powers in relation to the upbringing of particular children. The parent is not a guardian under the modern legislative scheme. Parental responsibility is the capacity both spouses acquire in relation to the child at the time of the birth. A parent has parental rights and responsibilities. This substitutes the […]
The Children NI Order 1995 applies to proceedings in all courts. It applies in relation to children in the context of divorce, separation, and nullity. However, divorce is largely separated from childcare issues other than in exceptional cases. In the context of orders in divorce and judicial separation, the court must consider where there are […]
Parental responsibility is a concept introduced by the Children NI Order 1995. It refers to all the rights, duties, powers, responsibilities, and authority of a parent. If the mother and father of a child are not married at the time of birth; the mother has parental responsibility. Where parents are married, each parent has parental responsibility. […]