§ 5.—(1) In paragraphs 6 to 11 "an existing order" means any order which—
- (a) is in force immediately before the commencement of Parts I and II;
- (b) was made under any enactment mentioned in sub-paragraph (2);
- (c) determines all or any of the following—
- (i) who is to have custody of a child;
- (ii) who is to have care and control of a child;
- (iii) who is to have access to a child;
- (iv) any matter with respect to a child's education or upbringing; and
- (d) is not an order of a kind mentioned in paragraph 15(1).
§ (2) The enactments are—
- (a) the Domestic Proceedings and Magistrates' Courts Act 1978;
- (b) the Children Act 1975;
- (c) the Matrimonial Causes Act 1973
- (d) the Guardianship of Minors Acts 1971 and 1973;
- (e) the Matrimonial Causes Act 1965;
- (f) the Matrimonial Proceedings (Magistrates' Courts) Act 1960.
§ (3) For the purposes of this paragraph and paragraphs 6 to 11 "custody" includes legal custody and joint as well as sole custody but does not include access.