Sch 14 para 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.