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Domestic Proceedings and Magistrates' Courts Act 1978

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This is the original version (as it was originally enacted).

39Restriction on removal of minor from England and Wales

In the [1971 c. 3.] Guardianship of Minors Act 1971 the following section shall be inserted after section 13—

13ARestriction on removal of minor from England and Wales.

(1)Where the court makes—

(a)an order under section 9(1), 10(1)(a) or 11(a) of this Act regarding the legal custody of a minor, or

(b)an interim order under section 2(4) of the Guardianship Act 1973 containing provision regarding the legal custody of a minor,

the court, on making the order or at any time while the order is in force, may, if an application is made under this section, by order direct that no person shall take the minor out of England and Wales while the order made under this section is in force, except with the leave of the court.

(2)An order made under subsection (1) above may be varied or discharged by a subsequent order.

(3)An application for an order under subsection (1) above, or for the variation or discharge of such an order, may be made by any party to the proceedings in which the order mentioned in paragraph (a) or (b) of that subsection was made..

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