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(1)The relevant court may, on the application of a person from whose care a child has been removed in breach of any of the relevant provisions, order the person who has so removed the child to return the child to the applicant.
(2)The relevant court may, on the application of a person who has reasonable grounds for believing that another person is intending to remove a child from the applicant’s care in breach of any of the relevant provisions, by order direct that other person not to remove the child from the applicant’s care in breach of the provision concerned.
(3)The “relevant court” is—
(a)if there is pending in respect of the child an application for an adoption order or a permanence order, the court in which the application is pending,
(b)in any other case—
(i)the Court of Session, or
(ii)the sheriff court of the sheriffdom within which the applicant resides.
(4)The relevant provisions are—
(a)sections 20, 21, 22 and 23,
(b)sections 30, 34, 35 and 36 of the 2002 Act,
(c)Articles 28 and 29 of the Northern Ireland Order.
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Text created by the Scottish Executive department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills
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