The Adoption (Northern Ireland) Order 1987

Return of child taken away in breach of Article 28 or 29N.I.

30.—[F1(1) An authorised court may, on the application of a person from whose home a child has been removed in breach of—

(a)Article 28 or 29;

(b)section 27 or 28 of the Adoption Act 1976; or

[F2(c)section 20, 21 or 22 of the Adoption and Children (Scotland) Act 2007,]

order the person who has so removed the child to return the child to the applicant.

(2) An authorised court may, on the application of a person who has reasonable grounds for believing that another person is intending to remove a child from his home in breach of—

(a)Article 28 or 29;

(b)section 27 or 28 of the Adoption Act 1976; or

[F3(c)section 20, 21 or 22 of the Adoption and Children (Scotland) Act 2007,]

by order direct that other person not to remove the child from the applicant's home in breach of any of those provisions.]

(3) If, in the case of an order made by the High Court under paragraph (1), the High Court or, in the case of an order made by a county court under paragraph (1), a county court is satisfied that the child has not been returned to the applicant, the court may make an order authorising a constable to search such premises as may be specified in the order for the child and, if a constable acting in pursuance of the order finds the child, to return the child to the applicant.

(4) If a justice of the peace is satisfied by complaint on oath that there are reasonable grounds for believing that a child to whom an order under paragraph (1) relates is in premises specified in the complaint, he may issue a search warrant authorising a constable to search the premises for the child, and if a constable acting in pursuance of the warrant finds the child, he shall return the child to the person on whose application the order under paragraph (1) was made.

(5) An order under paragraph (3) may be enforced in like manner as a warrant of commitment.

Modifications etc. (not altering text)