Part II E+W+S Custody

Modifications etc. (not altering text)

C1 Pt. II (Ss. 33–55) modified (E.W.) by Domestic Proceedings and Magistrates' Courts Act 1978 (c. 22, SIF 49:3), ss. 8(3), 12, Sch. 1

C2 Pt II (Ss. 33–55) amended (E.W.) by Family Law Reform Act 1987 (c. 42, SIF 49:7), s. 2(1)(e)

Custody in Scotland E+W+S

52 Return of child taken away in breach of section 51. S

A court in which an application for [F1 a residence order in relation to] a child is pending may—

(a) on the application of a person from whose [F2 care and possession] the child has been removed in breach of section 51, order the person who has so removed the child to return the child to the applicant;

(b) on the application of a person who has reasonable grounds for believing that another person is intending to remove the child from the applicant’s [F2 care and possession] in breach of section 51, by order direct that other person not to remove the child from the applicant’s [F2 care and possession] in breach of that section.

Textual Amendments

F1 Words in s. 52 substituted (1.11.1996) by 1995 c. 36, s. 105(4), Sch. 4 para. 26(5) (with s. 103(1)); S.I. 1996/2203, art. 3(3), Sch.

F2 Words substituted by Health and Social Services and Social Security Adjudications Act 1983 (c. 41, SIF 113:3), s. 9, Sch. 2 para. 26