Family Law Act 1986

67 Amendments of Child Abduction and Custody Act 1985.

(1) The [1985 c. 60.] Child Abduction and Custody Act 1985 shall be amended as follows.

(2) In section 20 (suspension of court’s powers), after subsection (2) there shall be inserted the following subsection—

“(2A) Where it appears to the Secretary of State—

(a) that an application has been made for the registration of a decision in respect of a child under section 16 above (other than a decision mentioned in subsection (3) below); or

(b) that such a decision is registered,

the Secretary of State shall not make, vary or revoke any custody order in respect of the child unless, in the case of an application for registration, the application is refused.”

(3) In subsection (3) of that section, after the words “subsection (1)” there shall be inserted the words “or (2A)”.

(4) Immediately before section 25 there shall be inserted the following section—

“24A Power to order disclosure of child’s whereabouts.

(1) Where—

(a) in proceedings for the return of a child under Part I of this Act; or

(b) on an application for the recognition, registration or enforcement of a decision in respect of a child under Part II of this Act,

there is not available to the court adequate information as to where the child is, the court may order any person who it has reason to believe may have relevant information to disclose it to the court.

(2) A person shall not be excused from complying with an order under subsection (1) above by reason that to do so may incriminate him or his spouse of an offence; but a statement or admission made in compliance with such an order shall not be admissible in evidence against either of them in proceedings for any offence other than perjury.”

(5) In section 27(1) (interpretation), in the definition of “custody proceedings” for the words from “made” onwards there shall be substituted the words “made, varied or revoked”.