Domestic Proceedings and Magistrates' Courts Act 1978

36Meaning of custody in Guardianship of Minors Acts 1971 and 1973

(1)In the [1971 c. 3.] Guardianship of Minors Act 1971—

(a)for the word " custody " in each place (except in section 13) where that word occurs there shall be substituted the words " legal custody ";

(b)in section 13(1) for the words "legal custody" there shall be substituted the words " actual custody ";

(c)in section 20(2) after the word "Act" there shall be inserted the words " ' actual custody', as respect a child, means the actual possession of the person of the child,' legal custody ' shall be construed in accordance with Part IV of the Children Act 1975 and ".

(2)In the [1973 c. 29.] Guardianship Act 1973 for the word " custody " in each place where that word occurs there shall be substituted the words " legal custody " and at the end of section 1(1) of that Act there shall be added the following paragraph—

  • In this Act ' legal custody ' shall be construed in accordance with Part IV of the Children Act 1975..