2 Offence of abduction of child by other persons. E+W
(1)[F1Subject to subsection (3) below, a person, other than one mentioned in subsection (2) below.] commits an offence if, without lawful authority or reasonable excuse, he takes or detains a child under the age of sixteen—
(a)so as to remove him from the lawful control of any person having lawful control of the child; or
(b)so as to keep him out of the lawful control of any person entitled to lawful control of the child.
[F2(2)The persons are—
(a)where the father and mother of the child in question were married to[F3, or civil partners of,] each other at the time of his birth, the child’s father and mother;
(b)where the father and mother of the child in question were not married to[F4, or civil partners of,] each other at the time of his birth, the child’s mother; and
(c)any other person mentioned in section 1(2)(c) to (e) above.
(3)In proceedings against any person for an offence under this section, it shall be a defence for that person to prove—
(a)where the father and mother of the child in question were not married to[F5, or civil partners of,] each other at the time of his birth—
(i)that he is the child’s father; or
(ii)that, at the time of the alleged offence, he believed, on reasonable grounds, that he was the child’s father; or
(b)that, at the time of the alleged offence, he believed that the child had attained the age of sixteen.]
Textual Amendments
F1Words in s. 2(1) substituted (14.10.1991) by Children Act 1989 (c. 41, SIF 20), s. 108(4), Sch. 12 para. 38(1) (with Sch. 14 para. 1(1)); S.I. 1991/828, art. 3(2)
F2S. 2(2)(3) substituted (14.10.1991)by Children Act 1989 (c. 41, SIF 20), s. 108(4), Sch. 12 para. 38(2) (with Sch. 14 para. 1(1)); S.I. 1991/828, art. 3(2)
F3Words in s. 2(2)(a) inserted (2.12.2019) by The Civil Partnership (Opposite-sex Couples) Regulations 2019 (S.I. 2019/1458), reg. 1(2), Sch. 3 para. 9(b)
F4Words in s. 2(2)(b) inserted (2.12.2019) by The Civil Partnership (Opposite-sex Couples) Regulations 2019 (S.I. 2019/1458), reg. 1(2), Sch. 3 para. 9(b)
F5Words in s. 2(3)(a) inserted (2.12.2019) by The Civil Partnership (Opposite-sex Couples) Regulations 2019 (S.I. 2019/1458), reg. 1(2), Sch. 3 para. 9(b)
Modifications etc. (not altering text)
C1S. 2 excluded (14.10.1991) by Children Act 1989 (c. 41, SIF 20), s. 51(7)(d), (with Sch. 14 para 1(1)); S.I. 1991/828, art. 3(2)