http://www.legislation.gov.uk/nisi/1985/1638The Child Abduction (Northern Ireland) Order 1985texttext/xmlenStatute Law Database2020-03-06Expert Participation2020-01-13The Child Abduction (Northern Ireland) Order 1985art. 3(1A)Crime and Policing Act 2026s. 138(2)(a)s. 138(4)s. 255(8)(l)The Child Abduction (Northern Ireland) Order 1985art. 3(2A)Crime and Policing Act 2026s. 138(2)(b)(i)s. 138(4)s. 255(8)(l)The Child Abduction (Northern Ireland) Order 1985art. 3(2A)(b)Crime and Policing Act 2026s. 138(2)(b)(ii)s. 138(4)s. 255(8)(l)The Child Abduction (Northern Ireland) Order 1985art. 3(2A)(a)Crime and Policing Act 2026s. 138(2)(b)(iii)s. 138(4)s. 255(8)(l)The Child Abduction (Northern Ireland) Order 1985art. 3(2A)(b)Crime and Policing Act 2026s. 138(2)(b)(iii)s. 138(4)s. 255(8)(l)The Child Abduction (Northern Ireland) Order 1985art. 3(2B)Crime and Policing Act 2026s. 138(2)(c)s. 138(4)s. 255(8)(l)The Child Abduction (Northern Ireland) Order 1985art. 3(3A)(b)Crime and Policing Act 2026s. 138(2)(d)s. 138(4)s. 255(8)(l)The Child Abduction (Northern Ireland) Order 1985Sch. para. 1(2)(a)Crime and Policing Act 2026s. 138(3)(a)s. 138(4)s. 255(8)(l)The Child Abduction (Northern Ireland) Order 1985Sch. para. 3(2)(a)Crime and Policing Act 2026s. 138(3)(b)s. 138(4)s. 255(8)(l)The Child Abduction (Northern Ireland) Order 1985Sch. para. 3(2)(a)Crime and Policing Act 2026s. 138(3)(c)s. 138(4)s. 255(8)(l)The Child Abduction (Northern Ireland) Order 1985Sch. para. 4(2)(a)Crime and Policing Act 2026s. 138(3)(d)s. 138(4)s. 255(8)(l)The Child Abduction (Northern Ireland) Order 1985art. 3(2)(ca)Adoption and Children Act (Northern Ireland) 2022Sch. 3 para. 4(2)s. 160(1)The Child Abduction (Northern Ireland) Order 1985art. 3(2A)(a)(b)Adoption and Children Act (Northern Ireland) 2022Sch. 3 para. 4(3)s. 160(1)The Child Abduction (Northern Ireland) Order 1985art. 3(3A)(a)(i)Adoption and Children Act (Northern Ireland) 2022Sch. 3 para. 4(4)(a)Sch. 5s. 160(1)The Child Abduction (Northern Ireland) Order 1985art. 3(3A)(a)(ia)Adoption and Children Act (Northern Ireland) 2022Sch. 3 para. 4(4)(b)s. 160(1)The Child Abduction (Northern Ireland) Order 1985art. 3(5)Adoption and Children Act (Northern Ireland) 2022Sch. 3 para. 4(5)(a)s. 160(1)The Child Abduction (Northern Ireland) Order 1985art. 3(5)Adoption and Children Act (Northern Ireland) 2022Sch. 3 para. 4(5)(b)s. 160(1)The Child Abduction (Northern Ireland) Order 1985Sch. para. 3(1)(2)Adoption and Children Act (Northern Ireland) 2022Sch. 3 para. 5(2)Sch. 4 para. 9s. 160(1)The Child Abduction (Northern Ireland) Order 1985Sch. para. 3(3)(a)Adoption and Children Act (Northern Ireland) 2022Sch. 3 para. 5(3)(a)Sch. 4 para. 9s. 160(1)The Child Abduction (Northern Ireland) Order 1985Sch. para. 3(3)(b)Adoption and Children Act (Northern Ireland) 2022Sch. 3 para. 5(3)(b)Sch. 4 para. 9s. 160(1)1985 No. 1638 (N.I. 17)The Child Abduction (Northern Ireland) Order 198530th October 1985<Emphasis>Title and commencement</Emphasis>11This Order may be cited as the Child Abduction (Northern Ireland) Order 1985.2This Order shall come into operation on the expiration of 2 months from the day on which it is made.<Emphasis>Interpretation</Emphasis>21The Interpretation Act (Northern Ireland) 1954 shall apply to Article 1 and the following provisions of this Order as it applies to a Measure of the Northern Ireland Assembly.2For the purposes of this Order—aa person shall be regarded as taking a child if he causes or induces the child to accompany him or any other person or causes the child to be taken;ba person shall be regarded as sending a child if he causes the child to be sent;. . . ca person shall be regarded as detaining a child if he causes the child to be detained or induces the child to remain with him or any other person anddreferences to a child's parents and to a child whose parents were (or were not) married to , or civil partners of, each other at the time of his birth shall be construed in accordance with Article 155 of the Children (Northern Ireland) Order 1995 (which extends their meaning).<Emphasis>Offence of abduction of child by parent, etc.</Emphasis>31Subject to paragraphs (2A) to (3A) and (7), a person connected with a child under the age of 16 commits an offence if he takes or sends the child out of the United Kingdom without the appropriate consent.2A person is connected with a child for the purposes of this Article if—ahe is a parent of the child; orbin the case of a child whose parents were not married to , or civil partners of, each other at the time of his birth, there are reasonable grounds for believing that he is the father of the child; orche is a guardian of the child; ordhe is a person in whose favour a residence order is in force with respect to the child; orehe has custody of the child.2AA person does not commit an offence under this Article by taking or sending a child out of the United Kingdom without obtaining the appropriate consent if—ahe is a person in whose favour there is a residence order in force with respect to the child, andbhe takes or sends him out of the United Kingdom for a period of less than one month.2BParagraph (2A) does not apply if the person taking or sending the child out of the United Kingdom does so in breach of an order under Part III of the Children (Northern Ireland) Order 1995.3A person does not commit an offence under this Article by doing anything without the consent of another person whose consent is required under the foregoing provisions if—ahe does it in the belief that the other person—ihas consented; oriiwould consent if he was aware of all the relevant circumstances; orbhe has taken all reasonable steps to communicate with the other person but has been unable to communicate with him; orcthe other person has unreasonably refused to consent,3AParagraph (3)(c) does not apply if—athe person who refused to consent is a person—iin whose favour there is a residence order in force with respect to the child; oriiwho has custody of the child; orbthe person taking or sending the child out of the United Kingdom is, by so acting, in breach of an order made by a court in the United Kingdom.4Where, in proceedings for an offence under this Article, there is sufficient evidence to raise an issue as to the application of paragraph (3), it shall be for the prosecution to prove that that paragraph does not apply.5In this Article—“the appropriate consent”, in relation to a child, means—athe consent of each of the following—ithe child's mother;iithe child's father, if he has parental responsibility for him;iiiany guardian of the child;ivany person in whose favour a residence order is in force with respect to the child;vany person who has custody of the child; orbthe leave of the court granted under any provision of Part III of the Children (Northern Ireland) Order 1995; orcif any person has custody of the child, the leave of the court which awarded custody to him;“guardian of a child”, “residence order” and “parental responsibility” have the same meaning as in the Children (Northern Ireland) Order 1995;and for the purposes of this Article a person shall be treated as having custody of a child if there is in force an order of a court in the United Kingdom awarding him (whether solely or jointly with another person) custody, legal custody or care and control of a child.7This Article shall have effect subject to the provisions of the Schedule in relation to a child who is in the care of an authority (within the meaning of the Children (Northern Ireland) Order 1995. . . or who is committed to a place of safety or who is the subject of proceedings or an order relating to adoption or who is subject to a juvenile justice centre order.<Emphasis>Offence of abduction of child by other persons</Emphasis>41Subject to paragraph (3), a person, other than one mentioned in paragraph (2), commits an offence if, without lawful authority or reasonable excuse, he takes or detains a child under the age of 16—aso as to remove him from the lawful control of any person having lawful control of the child; orbso as to keep him out of the lawful control of any person entitled to lawful control of the child.2The persons are—awhere the father and mother of the child in question were married to , or civil partners of, each other at the time of his birth, the child's father and mother;bwhere the father and mother of the child in question were not married to , or civil partners of, each other at the time of his birth, the child's mother; andcany other person mentioned in sub-paragraphs (c) to (e) of Article 3(2).3In proceedings against any person for an offence under this Article, it shall be a defence for that person to prove—awhere the father and mother of the child in question were not married to , or civil partners of, each other at the time of his birth—ithat he is the child's father; oriithat, at the time of the alleged offence, he believed, on reasonable grounds, that he was the child's father; orbthat, at the time of the alleged offence, he believed that the child had attained the age of 16.<Emphasis>Penalties and prosecutions</Emphasis>51A person guilty of an offence under this Order shall be liable—aon summary conviction, to imprisonment for a term not exceeding 6 months or to a fine not exceeding the statutory maximum, or to both;bon conviction on indictment, to imprisonment for a term not exceeding 7 years.2No prosecution for an offence under Article 3 shall be instituted except by or with the consent of the Director of Public Prosecutions for Northern Ireland.<Emphasis>Restriction on prosecutions for offence of kidnapping</Emphasis>6Except by or with the consent of the Director of Public Prosecutions for Northern Ireland no prosecution shall be instituted for an offence of kidnapping if it was committed—aagainst a child under the age of 16; andbby a person connected with the child, within the meaning of Article 3.<Emphasis>Consequential amendments and repeals</Emphasis>71At the end of paragraph 1(b) of the Schedule to the Visiting Forces Act 1952 (definition of “offence against the person”), there shall be inserted, appropriately numbered—0the Child Abduction (Northern Ireland) Order 1985.2In Schedule 1 to the Children and Young Persons Act (Northern Ireland) 1968—afor the words “55 or 56” there shall be substituted the words “
or 55
”; andbat the end there shall be added—Any offence under the Child Abduction (Northern Ireland) Order 1985Para. (3) rep. by 2004 NI 34The following provisions are hereby repealed—asection 56 of the Offences against the Person Act 1861;Sub‐para. (b) rep. by 2004 NI 3SCHEDULE<SmallCaps>MODIFICATIONS OF ARTICLE 3 FOR CHILDREN IN CERTAIN CASES</SmallCaps>Article 3(7).<Emphasis>Children <Addition ChangeId="d29p596" CommentaryRef="c16980181">in the care of an authority</Addition><CommentaryRef Ref="c16980201"/>. . . </Emphasis>11This paragraph applies in the case of a child who is in the care of an authority (within the meaning of the Children (Northern Ireland) Order 1995). . . 2Where this paragraph applies, Article 3 shall have effect as if—athe reference in paragraph (1) to the appropriate consent were a reference to the consent of the authority. . . ; andbparagraphs (2A) to (4) and the definition of “the appropriate consent” in paragraph (5) were omitted.
Para. 2 rep. by 1998 NI 9
<Emphasis>Adoption</Emphasis>31This paragraph applies in the case of a child—awho is the subject of an order under Article 17 or 18 of the Adoption (Northern Ireland) Order 1987 freeing him for adoption; oraawho is the subject of a pending application for such an order; oraaawho is the subject of a pending application for an adoption order; orbwho is the subject of an order under Article 57 of the Adoption (Northern Ireland) Order 1987 or section 38 of the Adoption Act (Northern Ireland) 1967 relating to adoption abroad or of a pending application for such an order.2Where this paragraph applies, Article 3 shall have effect as if—athe reference in paragraph (1) to the appropriate consent were a reference—iin a case within sub‐paragraph (1)(a), to the consent of the adoption agency which made the application for the order or, if the order has been varied under Article 21 of the Adoption (Northern Ireland) Order 1987 so as to give parental responsibility to another agency to the consent of that other agency;iain a case within sub‐paragraph (1)(aa) or (aaa), to the leave of the court to which the application was made; andiiin a case within sub-paragraph (1)(b), to the leave of the court which made the order or, as the case may be, to which the application was made, andbparagraphs (2A) to (4) and the definition of “the appropriate consent” in paragraph (5) were omitted.3In this paragraph—a“adoption agency” has the same meaning as in Article 3 of the Adoption (Northern Ireland) Order 1987; andb“adoption order” means an order under Article 12(1) of that Order.<Emphasis>Children subject to training school orders</Emphasis>41This paragraph applies in the case of a child who is subject to a juvenile justice centre order, except where he is lawfully living with his parents or either of them.2Where this paragraph applies, Article 3 shall have effect as if—athe reference in paragraph (1) to the appropriate consent were a reference to the consent of the managers of the juvenile justice centre; andbparagraphs (2A) to (4) and the definition of “the appropriate consent” in paragraph (5) were omitted.3In this paragraph, “juvenile justice centre order” has the same meaning as in Article 39 of the Criminal Justice (Children) (Northern Ireland) Order 1998.<Emphasis>Cases within paragraphs 1 and 3</Emphasis>5In the case of a child falling within both paragraph 1 and paragraph 3, the provisions of paragraph 3 shall apply to the exclusion of those in paragraph 1.1954 c. 33 (N.I.)1952 c. 671968 c. 34 (N.I.)1861 c. 1001995 NI 21995 NI 21998 NI 9prosp. inserted by 2002 c. 261995 NI 21995 NI 21998 NI 91995 NI 21998 NI 91987 NI 221995 NI 21998 NI 9prosp. inserted by 2002 c. 261995 NI 2Words in art. 2(2)(d) inserted (13.1.2020) by The Marriage (Same-sex Couples) and Civil Partnership (Opposite-sex Couples) (Northern Ireland) Regulations 2019 (S.I. 2019/1514), regs. 1(2), 34(2) (with regs. 6-9)Words in art. 3(2)(b) inserted (13.1.2020) by The Marriage (Same-sex Couples) and Civil Partnership (Opposite-sex Couples) (Northern Ireland) Regulations 2019 (S.I. 2019/1514), regs. 1(2), 34(3) (with regs. 6-9)Words in art. 4(2)(a) inserted (13.1.2020) by The Marriage (Same-sex Couples) and Civil Partnership (Opposite-sex Couples) (Northern Ireland) Regulations 2019 (S.I. 2019/1514), regs. 1(2), 34(4)(a) (with regs. 6-9)Words in art. 4(2)(b) inserted (13.1.2020) by The Marriage (Same-sex Couples) and Civil Partnership (Opposite-sex Couples) (Northern Ireland) Regulations 2019 (S.I. 2019/1514), regs. 1(2), 34(4)(a) (with regs. 6-9)Words in art. 4(3)(a) inserted (13.1.2020) by The Marriage (Same-sex Couples) and Civil Partnership (Opposite-sex Couples) (Northern Ireland) Regulations 2019 (S.I. 2019/1514), regs. 1(2), 34(4)(b) (with regs. 6-9)