Children Act 1975

Custody in ScotlandE+W+S

F147. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .S

Textual Amendments

F248. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .S

Textual Amendments

F349. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .S

Textual Amendments

50 Payments towards maintenance of children.S

Without prejudice to any existing powers and duties to make payments in respect of the maintenance of children, where [F4a child under the age of [F5eighteen] is residing with and being cared for (other than as a foster child) by a person other than a parent of the child, a council constituted under section 2 of the M1Local Government (Scotland) Act 1994] may make to that person payments for or towards the maintenance of the child.

Textual Amendments

F4Words in s. 50 substituted (1.11.1996) by 1995 c. 36, s. 105(4), Sch. 4 para. 26(3) (with s. 103(1)); S.I. 1996/2203, art. 3(3), Sch.

F5Words in s. 50 substituted (1.10.2001) by 2001 asp 8, s. 71; S.S.I. 2001/304, art. 2(a)

Marginal Citations

51 Restriction on removal of child where applicant has provided home for three years.S

(1)Where a person has applied for [F6a residence order in relation to] a child, it shall be an offence, except with the authority of a court or under authority conferred by any enactment or on the arrest of the child, to remove the child from the [F7care and possession] of the applicant against the will of the applicant if—

(a)the child has been in the care and possession of that person for a period or periods before the making of the application which amount to at least three years; and

(b)the application is pending in any court.

F8 [( 2 )In any case where subsection (1) applies, and the child—

(a) was being looked after by a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 before he began to have his home with the applicant, and

(b)continues to be looked after by such a council,

the council by whom the child is being looked after shall not remove him from the applicant’s care and possession except—

(i)with the applicant’s consent;

(ii)with the leave of the court; [F9or]

(iii)in accordance with an order made[F10, or authority or warrant granted,] under Chapter [F102 or] 3 of Part II of the Children (Scotland) Act 1995.]

[F11(iv) in accordance with section 56 of the Children’s Hearings (Scotland) Act 2011 (asp 1) (constable’s power to remove child to place of safety); or

(v)in accordance with an order or warrant under that Act of 2011.]

(3)Any person who contravenes the provisions of subsection (1) commits an offence and shall be liable on summary conviction to imprisonment for a term not exceeding three months or a fine not exceeding [F12level 5 on the standard scale] or both.

(4)The Secretary of State may by order, a draft of which has been approved by each House of Parliament, amend subsection (1) to substitute a different period for the period mentioned in that subsection (or for the period which, by a previous order under this subsection, was substituted for that period).

F13 [( 5 ) In this section “ looked after ” and “ residence order ” have the meanings given respectively by section 17(6) and section 11(2)(c) of the Children (Scotland) Act 1995; and “ residence order ” shall have the same meaning in sections 52 and 53 of this Act. ]

Textual Amendments

F6Words in s. 51(1) substituted (1.11.1996) by 1995 c. 36, s. 105(4), Sch. 4 para. 26(4)(a) (with s. 103(1)); S.I. 1996/2203, art. 3(3), Sch.

F8S. 51(2) substituted (1.4.1997) by 1995 c. 36, s. 105(4), Sch. 4 para. 26(4)(b) (with s. 103(1)); S.I. 1996/3201, art. 3(7)

52 Return of child taken away in breach of section 51.S

A court in which an application for [F14a residence order in relation to] a child is pending may—

(a)on the application of a person from whose [F15care and possession] the child has been removed in breach of section 51, order the person who has so removed the child to return the child to the applicant;

(b)on the application of a person who has reasonable grounds for believing that another person is intending to remove the child from the applicant’s [F15care and possession] in breach of section 51, by order direct that other person not to remove the child from the applicant’s [F15care and possession] in breach of that section.

Textual Amendments

F14Words in s. 52 substituted (1.11.1996) by 1995 c. 36, s. 105(4), Sch. 4 para. 26(5) (with s. 103(1)); S.I. 1996/2203, art. 3(3), Sch.

F1653. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .S

Textual Amendments

54. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F17S

Textual Amendments

55 Interpretation and extent of [F18sections 50 to 53].S

(1)In [F18sections 50 to 53]“child” means a person under the age of sixteen [F19and “relative” means a grand-parent, brother, sister, uncle or aunt, whether of the full blood or half blood or by affinity].

(2)[F18Sections 50 to 53] and this section apply to Scotland only [F20and shall be construed in accordance with section 1(1) of the M2Law Reform (Parent and Child) (Scotland) Act 1986].

Textual Amendments

F18Words in s. 55 substituted (1.11.1996) by 1995 c. 36, s. 105(4), Sch. 4 para. 26(7) (with s. 103(1)); S.I. 1996/2203, art. 3(3), Sch.

Marginal Citations