The Children's Commissioner for Northern Ireland has been granted a judicial review of Government's policy on the physical punishment of children.
New laws will make it illegal for a parent/guardian to hit a child only if it results in lasting harm or marks.
Barney McNeany is challenging legislation which he believes does not protect children's rights.
Mr McNeany said: "We believe that this legislation doesn't go far enough to protect children. We hope now that the judicial review will be successful and will be presenting our arguments forcefully that Government was wrong to introduce legislation that potentially could still allow children to be hit."
Belfast High Court judge Mr Justice Weatherup said the review could proceed.
The Commissioner's legal move is being supported by a number of charities and organisations.
The regulation involved is Article 2 of the Law Reform (Miscellaneous Provisions) (Northern Ireland) Order 2006. Similar legislation is already in force in England and Wales.
Groups including the Children's Law Centre, Save the Children and the Parents Advice Centre have backed the legal action. They said children were entitled to be protected from any form of violence on an equal footing with adults.