Care of Children Act 2004

57 Procedure if child’s parents are parties to interim order

• (1) If the parents of a child are parties to an interim order and, under the order, each of them has either the role of providing day-to-day care for, or contact with, the child,—

  • (a) the order ceases to have effect (if it has not ceased to have effect sooner) on the following date:

    • (i) the date that is 1 year after the day on which the order is made (the specified date); or

    • (ii) a later date the court appoints, before or after the specified date, on an application for the purpose under this subsection before the specified date; and

  • (b) the parents must take all reasonable steps to obtain a final order as soon as practicable.

  (2) In making an order as to costs, the court may have regard to a failure to comply with subsection (1)(b); but nothing in this subsection limits the court’s powers under section 142.

  (3) The court must, as soon as practicable, assign a date that is within the next 3 months as the date for a hearing on whether a final order should be substituted for the interim order if—

  • (a) an interim order is made on an application with notice or an application without notice; and

  • (b) the parents of a child are parties to the order and, under it, one of them (parent A) has neither the role of providing day-to-day care for, nor contact with, the child.

  (4) However, if the interim order referred to in subsection (3)(a) was made on an application without notice, parent A may notify the court that he or she wishes to be heard on whether a final order should be substituted for that interim order and, if he or she does so, the Registrar of the court must, as soon as practicable, assign a hearing date that is—

  • (a) as soon as practicable; and

  • (b) unless there are special circumstances, within 42 days after parent A’s notice is received by the court.

  (5) In this section, interim order means—

  • (a) an interim parenting order under section 48(1); or

  • (b) an interim order under section 53(2).

  Compare: 1995 No 86 s 76(1), (3)

  Section 57(5)(b): amended, on 16 November 2011, by section 8 of the Care of Children Amendment Act 2011 (2011 No 59).