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MATRIMONIAL CAUSES (NORTHERN IRELAND) ORDER 1978 - SECT 43

43.(1) Rules of court shall make provision for ensuring that where

(a)a petition for divorce, nullity of marriage or judicial separation has been
presented to the court, and

(b)there are children of the family to whom Article 44 (restrictions on
decrees affecting children) applies,

(i)to consider the possibility of conciliating the parties to the marriage,
and

(ii)for a report (by that person or any other suitably qualified person) on
the children and the suitability of any arrangements which have been made, or
are proposed by either party to be made, for their welfare.

(2) Where a person having custody of a child refuses to allow a person acting
under paragraph (1) to have access to the child for the purpose of making a
report under sub-paragraph (ii) of that paragraph, the court may order the
first-mentioned person to permit such access; and for the purposes of this
paragraph a person has custody of a child if he has actual possession of his
person whether or not that possession is shared with one or more other
persons.

(3) Where

(a)in a report under paragraph (1)(ii) the opinion is expressed that the
arrangements in question are unsuitable, or

(b)for any other reason the court sees fit to exercise its powers under this
paragraph,

© 1978 Crown Copyright

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