HC Deb 23 October 1989 vol 158 c539

5.—(1) In paragraphs 6 to 11 "an existing order" means any order which—

  1. (a) is in force immediately before the commencement of Parts I and II;
  2. (b) was made under any enactment mentioned in sub-paragraph (2);
  3. (c) determines all or any of the following—
    1. (i) who is to have custody of a child;
    2. (ii) who is to have care and control of a child;
    3. (iii) who is to have access to a child;
    4. (iv) any matter with respect to a child's education or upbringing; and
  4. (d) is not an order of a kind mentioned in paragraph 15(1).

(2) The enactments are—

  1. (a) the Domestic Proceedings and Magistrates' Courts Act 1978;
  2. (b) the Children Act 1975;
  3. (c) the Matrimonial Causes Act 1973
  4. (d) the Guardianship of Minors Acts 1971 and 1973;
  5. (e) the Matrimonial Causes Act 1965;
  6. (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.