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Legal Aid, Sentencing and Punishment of Offenders Act 2012

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Changes over time for: Cross Heading: Unlawful removal of children

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Legal Aid, Sentencing and Punishment of Offenders Act 2012, Cross Heading: Unlawful removal of children is up to date with all changes known to be in force on or before 29 March 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

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Changes and effects yet to be applied to Schedule 1 Part 1 Crossheading Unlawful-removal-of-children:

  • specified provision(s) amendment to earlier commencing S.I. 2016/286, art. 4(1) by S.I. 2017/225 art. 2

Changes and effects yet to be applied to the whole Act associated Parts and Chapters:

  • Act applied (with modifications) by S.I. 2018/1125 reg. 8 (This amendment not applied to legislation.gov.uk. S.I. 2018/1125, reg. 8 omitted (31.12.2020) by virtue of Private International Law (Implementation of Agreements) Act 2020 (c. 24), s. 4(3), Sch. 5 para. 4(4))

Whole provisions yet to be inserted into this Act (including any effects on those provisions):

Unlawful removal of childrenE+W

10(1)Civil legal services provided to an individual in relation to the following orders and requirements where the individual is seeking to prevent the unlawful removal of a related child from the United Kingdom or to secure the return of a related child who has been unlawfully removed from the United Kingdom—E+W

(a)a prohibited steps order or specific issue order (as defined in section 8(1) of the Children Act 1989);

(b)an order under section 33 of the Family Law Act 1986 for disclosure of the child's whereabouts;

(c)an order under section 34 of that Act for the child's return;

(d)a requirement under section 37 of that Act to surrender a passport issued to, or containing particulars of, the child.

(2)Civil legal services provided to an individual in relation to the following orders and applications where the individual is seeking to secure the return of a related child who has been unlawfully removed to a place in the United Kingdom—

(a)a prohibited steps order or specific issue order (as defined in section 8(1) of the Children Act 1989);

(b)an application under section 27 of the Family Law Act 1986 for registration of an order relating to the child;

(c)an order under section 33 of that Act for disclosure of the child's whereabouts;

(d)an order under section 34 of that Act for the child's return.

Exclusions

(3)Sub-paragraphs (1) and (2) are subject to the exclusions in Parts 2 and 3 of this Schedule.

Definitions

(4)For the purposes of this paragraph, a child is related to an individual if the individual is the child's parent or has parental responsibility for the child.

(5)In this paragraph “child” means a person under the age of 18.

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