- Latest available (Revised)
- Point in Time (03/12/2012)
- Original (As enacted)
Version Superseded: 22/04/2014
Point in time view as at 03/12/2012. This version of this provision has been superseded.
You are viewing this legislation item as it stood at a particular point in time. A later version of this or provision, including subsequent changes and effects, supersedes this version.
Note the term provision is used to describe a definable element in a piece of legislation that has legislative effect – such as a Part, Chapter or section.
There are currently no known outstanding effects for the Child Abduction Act 1984, Section 1.
Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.
(1)Subject to subsections (5) and (8) below, a person connected 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
[F2(ca)he is a special 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;
[F3(iiia)any special 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—
[F4(a)he is a person in whose favour there is a residence order in force with respect to the child, and he takes or sends the child out of the United Kingdom for a period of less than one month; or]
[F4(b)he is a special guardian of the child and he takes or sends the child out of the United Kingdom for a period of less than three months.]
(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,
[F5(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; F6 ...
[F7(ia)who is a special guardian of 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.
[F8(7)For the purposes of this section—
(a) “guardian of a child”, [F9 “special guardian”, ] “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 [F10detained in a place of safety, remanded [F11otherwise than on bail] or the subject of] proceedings or an order relating to adoption.
Textual Amendments
F1S. 1(2)-(4)(4A) substituted (14.10.1991) for s. 1(2)-(4) by Children Act 1989 (c. 41, SIF 20), s. 108(4), Sch. 12 para. 37(2) (with Sch. 14 para. 1(1)); S.I. 1991/828, art. 3(2)
F2S. 1(2)(ca) inserted (30.12.2005) by Adoption and Children Act 2002 (c. 38), s. 148(1), Sch. 3 para. 42(2) (with Sch. 4 paras. 6-8); S.I. 2005/2213, art. 2(o)
F3S. 1(3)(a)(iiia) inserted (30.12.2005) by Adoption and Children Act 2002 (c. 38), s. 148(1), Sch. 3 para. 42(3) (with Sch. 4 paras. 6-8); S.I. 2005/2213, art. 2(o)
F4S. 1(4)(a)(b) substituted (30.12.2005) by Adoption and Children Act 2002 (c. 38), s. 148(1), Sch. 3 para. 42(4) (with Sch. 4 paras. 6-8); S.I. 2005/2213, art. 2(o)
F5S. 1(5A) substituted (14.10.1991) by Children Act 1989 (c. 41, SIF 20), s. 108(4), Sch. 12 para. 37(3) (with Sch. 14 para. 1(1)); S.I. 1991/828, art. 3(2)
F6Word in s. 1(5A)(a) repealed (30.12.2005) by Adoption and Children Act 2002 (c. 38), s. 148(1), Sch. 3 para. 42(5), Sch. 5 (with Sch. 4 paras. 6-8); S.I. 2005/2213, art. 2(o)
F7S. 1(5A)(a)(ia) inserted (30.12.2005) by Adoption and Children Act 2002 (c. 38), s. 148(1), Sch. 3 para. 42(5) (with Sch. 4 paras. 6-8); S.I. 2005/2213, art. 2(o)
F8S. 1(7) substituted (14.10.1991) by Children Act 1989 (c. 41, SIF 20), s. 108(4), Sch. 12 para. 37(4) (with Sch. 14 para. 1(1)); S.I. 1991/828, art. 3(2)
F9Words in s. 1(7)(a) inserted (30.12.2005) by Adoption and Children Act 2002 (c. 38), s. 148(1), Sch. 3 para. 42(6) (with Sch. 4 paras. 6-8); S.I. 2005/2213, art. 2(o)
F10Words in s. 1(8) substituted (14.10.1991) by Children Act 1989 (c. 41, SIF 20), s. 108(4), Sch. 12 para. 37(5) (with Sch. 14 para. 1(1)); S.I. 1991/828, art. 3(2)
F11Words in s. 1(8) substituted (3.12.2012) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 12 para. 19; S.I. 2012/2906, art. 2(j)
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.
Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
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:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
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: