C1C2Part II Custody

Annotations:
Modifications etc. (not altering text)
C2

Pt II (Ss. 33–55) amended (E.W.) by Family Law Reform Act 1987 (c. 42, SIF 49:7), s. 2(1)(e)

Custody in Scotland

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

1

Where a person has applied for F1a 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 F2care 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.

2

In any case where subsection (1) applies, and

a

the child was in the care of a local authority before he began to have his home with the applicant, and

b

the child remains in the care of a local authority,

the authority in whose care the child is shall not remove the child from the applicant’s F2care and possession except—

i

with the applicant’s consent;

ii

with the leave of a court; or

iii

with the authority, in terms of Part III of the M1Social Work (Scotland) Act 1968, of a justice of the peace or a children’s hearing.

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 F3level 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).

F45

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.