- Latest available (Revised)
- Original (As enacted)
Prospective version(s) available. Show Timeline of Changes
The version on screen is currently in force, but there is a version available (prospective version) to show how it could change.
The prospective version will remain prospective until a date is appointed by an appropriate person or body to bring those changes into force.
To see the prospective version, use the Show Timeline of Changes feature under ‘Advanced Features’.
Commencement Orders listed in the ‘Changes to Legislation’ box as not yet applied may bring changes and effects in the prospective version into force.
There are outstanding changes not yet made by the legislation.gov.uk editorial team to Child Abduction Act 1984. Any changes that have already been made by the team appear in the content and are referenced with annotations.
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
This section lists the commencement orders yet to be applied to the whole Act. These effects are included in this view as they may be (but won’t necessarily be) relevant to the specific provision that you are viewing. Where applicable the commencement orders are listed under two headings, firstly those that bring some part of the Act you are viewing into force and secondly, those that bring into force legislation that affects some part of the legislation you are viewing. If you are viewing a prospective version or there is a prospective version available there may be commencement orders listed here that are relevant to the provision you are viewing.
(1)Subject to subsections (5) and (8) below, a person connnected with a child under the age of sixteen commits an offence if he takes or sends the child out of the United Kingdom without the appropriate consent.
[F1(2)A person is connected with a child for the purposes of this section if—
(a)he is a parent of the child; or
(b)in the case of a child whose parents were not married to each other at the time of his birth, there are reasonable grounds for believing that he is the father of the child; or
(c)he is a guardian of the child; or
(d)he is a person in whose favour a residence order is in force with respect to the child; or
(e)he has custody of the child.
(3)In this section ’the appropriate consent’, in relation to a child, means—
(a)the consent of each of the following—
(i)The child’s mother;
(ii)the child’s father, if he has parental responsibility for him;
(iii)any guardian of the child;
(iv)any person in whose favour a residence order is in force with respect to the child;
(v)any person who has custody of the child; or
(b)the leave of the court granted under or by virtue of any provision of Part II of the Children Act 1989; or
(c)if any person has custody of the child, the leave of the court which awarded custody to him.
(4)A person does not commit an offence under this section by taking or sending a child out of the United Kingdom without obtaining the appropriate consent if—
(a)he is a person in whose favour there is a residence order in force with respect to the child, and
(b)he takes or sends him out of the United Kingdom for a period of less than one month.
(4A)Subsection (4) above does not apply if the person taking or sending the child out of the United Kingdom does so in breach of an order under Part II of the Children Act 1989.]
(5)A person does not commit an offence under this section by doing anything without the consent of another person whose consent is required under the foregoing provisions if—
(a)he does it in the belief that the other person—
(i)has consented; or
(ii)would consent if he was aware of all the relevant circumstances; or
(b)he has taken all reasonable steps to communicate with the other person but has been unable to communicate with him; or
(c)the other person has unreasonably refused to consent,
[F2(5A)Subsection (5)(c) above does not apply if—
(a)the person who refused to consent is a person—
(i)in whose favour there is a residence order in force with respect to the child; or
(ii)who has custody of the child; or
(b)the person taking or sending the child out of the United Kingdom is, by so acting, in breach of an order made by a court in the United Kingdom.]
(6)Where, in proceedings for an offence under this section, there is sufficent evidence to raise an issue as to the application of subsection (5) above, it shall be for the prosecution to prove that that subsection does not apply.
[F3(7)For the purposes of this section—
(a)“guardian of a child”, “residence order” and “parental responsibility” have the same meaning as in the Children Act 1989; and
(b)a person shall be treated as having custody of a child if there is in force an order of a court in the United Kingdom awarding him (whether solely or jointly with another person) custody, legal custody or care and control of the child.]
(8)This section shall have effect subject to the provisions of the Schedule to this Act in relation to a child who is in the care of a local authority [F4detained in a place of safety, remanded to a local authority accommodation or the subject of] proceedings or an order relating to adoption.
Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: