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Family Law Act 1986

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17 Orders for delivery of child.S

(1)F1. . ., an application by one parent of a child for an order for the delivery of the child from the other parent, where the order is not sought to implement a [F2Part I order], may be entertained by the Court of Session or a sheriff if, but only if, the Court of Session or, as the case may be, the sheriff would have jurisdiction under this Chapter to make a [F2Part I order] with respect to the child concerned.

F3(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)Subsection (1) above shall apply to an application by one party to a marriage for an order for the delivery of the child concerned from the other party where the child [F4, although not a child of both parties to the marriage, is a child of the family of those parties] as it applies to an application by one parent of a child for an order for the delivery of the child from the other parent.

[F5(4)In subsection (3) above, “child of the family” means any child who has been treated by both parties as a child of their family, except a child who has been placed with those parties as foster parents by a local authority or a voluntary organisation.]

Textual Amendments

F1Words in s. 17(1) repealed (S.)(1.11.1996) by 1995 c. 36, s. 105(1)(5), Sch. 5; S.I. 1996/2203, art. 3(3), Sch.

F3S. 17(2) repealed (S.)(1.11.1996) by 1995 c. 36, s. 105(5), Sch. 5; S.I. 1996/2203, art. 3(3), Sch.

F4Words in s. 17(3) substituted (1.11.1996) by 1995 c. 36, s. 105(1)(4), Sch. 4, para. 41(5)(a); S.I. 1996/2203, art. 3(3), Sch.

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