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Children Act 1989

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This is the original version (as it was originally enacted).

10(1)Sub-paragraph (2) applies in relation to any existing order which, but for the repeal by this Act of—

(a)section 13(1) of the Guardianship [1971 c. 3.] of Minors Act 1971;

(b)section 43(1) of the [1975 c. 72.] Children Act 1975; or

(c)section 33 of the [1978 c. 22.] Domestic Proceedings and Magistrates' Courts Act 1978,

(provisions concerning the enforcement of custody orders) might have been enforced as if it were an order requiring a person to give up a child to another person.

(2)Where this sub-paragraph applies, the existing order may, after the repeal of the enactments mentioned in sub-paragraph (1)(a) to (c), be enforced under section 14 as if—

(a)any reference to a residence order were a reference to the existing order; and

(b)any reference to a person in whose favour the residence order is in force were a reference to a person to whom actual custody of the child is given by an existing order which is in force.

(3)In sub-paragraph (2) “actual custody”, in relation to a child, means the actual possession of his person.

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