Child Abduction Act 1984

1984 CHAPTER 37

An Act to amend the criminal law relating to the abduction of children

[12th July1984]

Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—

Commencement Information

I1 Act wholly in force at 12.10.1984 see s. 13(2)

Part I E+W Offences under Law of England and Wales

1 Offence of abduction of child by parent, etc. E+W

(1) Subject to subsections (5) and (8) below, a person connected with a child under the age of sixteen commits an offence if he takes or sends the child out of the United Kingdom without the appropriate consent.

[X1 (2) A person is connected with a child for the purposes of this section if—

(a) he is a parent or guardian of the child; or

(b) there is in force an order of a court in England or Wales awarding custody of the child to him, whether solely or jointly with any other person; or

(c) in the case of an illegitimate child, there are reasonable grounds for believing that he is the father of the child.

(3) In this section “the appropriate consent”, in relation to a child, means—

(a) the consent of each person—

(i) who is a parent or guardian of the child; or

(ii) to whom custody of the child has been awarded (whether solely or jointly with any other person) by an order of a court in England or Wales; or

(b) if the child is the subject of such a custody order, the leave of the court which made the order; or

(c) the leave of the court granted on an application for a direction under section 7 of the M1 Guardianship of Minors Act 1971 or section 1(3) of the M2 Guardianship Act 1973.

(4) In the case of a custody order made by a magistrates’ court, subsection (3)(b) above shall be construed as if the reference to the court which made the order included a reference to any magistrates’ court acting for the same petty sessions area as that court.]

[F1 (2) A person is connected with a child for the purposes of this section if—

(a) he is a parent of the child; or

(b) in the case of a child whose parents were not married to each other at the time of his birth, there are reasonable grounds for believing that he is the father of the child; or

(c) he is a guardian of the child; or

(d) he is a person in whose favour a residence order is in force with respect to the child; or

(e) he has custody of the child.

(3) In this section ’the appropriate consent’, in relation to a child, means—

(a) the consent of each of the following—

(i) The child’s mother;

(ii) the child’s father, if he has parental responsibility for him;

(iii) any guardian of the child;

(iv) any person in whose favour a residence order is in force with respect to the child;

(v) any person who has custody of the child; or

(b) the leave of the court granted under or by virtue of any provision of Part II of the Children Act 1989; or

(c) if any person has custody of the child, the leave of the court which awarded custody to him.

(4) A person does not commit an offence under this section by taking or sending a child out of the United Kingdom without obtaining the appropriate consent if—

(a) he is a person in whose favour there is a residence order in force with respect to the child, and

(b) he takes or sends him out of the United Kingdom for a period of less than one month.

(4A) Subsection (4) above 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 II of the Children Act 1989.]

(5) A person does not commit an offence under this section by doing anything without the consent of another person whose consent is required under the foregoing provisions if—

(a) he does it in the belief that the other person—

(i) has consented; or

(ii) would consent if he was aware of all the relevant circumstances; or

(b) he has taken all reasonable steps to communicate with the other person but has been unable to communicate with him; or

(c) the other person has unreasonably refused to consent,

[F2 but paragraph (c) of this subsection does not apply where what is done relates to a child who is the subject of a custody order made by [F3 a court in the United Kingdom], or where the person who does it acts in breach of any direction under section 7 of the Guardianship of Minors Act 1971 or section 1(3) of the Guardianship Act 1973.]

[F2 (5A) Subsection (5)(c) above does not apply if—

(a) the person who refused to consent is a person—

(i) in whose favour there is a residence order in force with respect to the child; or

(ii) who has custody of the child; or

(b) the 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.]

(6) Where, in proceedings for an offence under this section, there is sufficent evidence to raise an issue as to the application of subsection (5) above, it shall be for the prosecution to prove that that subsection does not apply.

[F4 (7) In this section—

(a) “guardian” means a person appointed by deed or will or by order of a court of competent jurisdiction to be the guardian of a child; and

(b) a reference to a custody order or an order awarding custody includes a reference to an order awarding legal custody and a reference to an order awarding care and control.]

[F4 (7) For the purposes of this section—

(a) “guardian of a child”, “residence order” and “parental responsibility” have the same meaning as in the Children Act 1989; and

(b) 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 the child.]

(8) This section shall have effect subject to the provisions of the Schedule to this Act in relation to a child who is in the care of a local authority [F5 or voluntary organisation or who is committed to a place of safety or who is the subject of custodianship proceedings or][F5 detained in a place of safety, remanded to a local authority accommodation or the subject of] proceedings or an order relating to adoption.

Editorial Information

X1 S. 1(2)–(4)(4A) substituted (prosp.) for subsections (2)–(4) of section 1 by Children Act 1989 (c. 41, SIF 20), s. 108(2)(4), Sch. 12 para. 37(2)

Textual Amendments

F1 S. 1(2)–(4)(4A) substituted (prosp.) for subsections (2)–(4) of section 1 by Children Act 1989 (c. 41, SIF 20), s. 108(2)(4), Sch. 12 para. 37(2)

F2 S. 1(5A) substituted (prosp.) for the words from “but” to the end by Children Act 1989 (c. 41, SIF 20), s. 108(2)(4), Sch. 12 para. 37(3)

F3 Words substituted by Family Law Act 1986 (c. 55, SIF 49:9), s. 65

F4 S. 1(7) beginning with the words “for the purposes...” substituted (prosp.) for s. 1(7) by Children Act 1989 (c. 41, SIF 20), s. 108(2)(4), Sch. 12 para. 37(4)

F5 Words beginning “detained in a place of safety...” substituted (prosp.) for words “or voluntary organisation” to “custodianship proceedings or” by Children Act 1989 (c. 41, SIF 20), s. 108(2)(4), Sch. 12 para. 37

Marginal Citations

M1 1971 c. 3.

M2 1973 c. 29.

2 Offence of abduction of child by other persons. E+W

(1) [F6 Subject to subsection (2) below, a person not falling within section 1(2)(a) or (b) above][F6 Subject to subsection (3) below, a person, other than one mentioned in subsection (2) below.] commits an offence if, without lawful authority or reasonable excuse, he takes or detains a child under the age of sixteen—

(a) so as to remove him from the lawful control of any person having lawful control of the child; or

(b) so as to keep him out of the lawful control of any person entitled to lawful control of the child.

[F7 (2) In proceedings against any person for an offence under this section, it shall be a defence for that person to show that at the time of the alleged offence—

(a) he believed that the child had attained the age of sixteen; or

(b) in the case of an illegimate child, he had reasonable grounds for believing himself to be the child’s father.]

[F7 (2) The persons are—

(a) where the father and mother of the child in question were married to each other at the time of his birth, the child’s father and mother;

(b) where the father and mother of the child in question were not married to each other at the time of his birth, the child’s mother; and

(c) any other person mentioned in section 1(2)(c) to (e) above.

(3) In proceedings against any person for an offence under this section, it shall be a defence for that person to prove—

(a) where the father and mother of the child in question were not married to each other at the time of his birth—

(i) that he is the child’s father; or

(ii) that, at the time of the alleged offence, he believed, on reasonable grounds, that he was the child’s father; or

(b) that, at the time of the alleged offence, he believed that the child had attained the age of sixteen.]

Textual Amendments

F6 Words beginning “Subject to subsection (3) below...” substituted (prosp.) for words from “Subject” to “above” by Children Act 1989 (c. 41, SIF 20), s. 108(2)(4), Sch. 12 para. 38(1)

F7 S. 2(2)(3) substituted (prosp.) for s. 2(2) by Children Act 1989 (c. 41, SIF 20), s. 108(2)(4), Sch. 12 para. 38(2)

Modifications etc. (not altering text)

C1 S. 2 excluded (prosp.) by Children Act 1989 (c. 41, SIF 20), ss. 51(7)(d), 108(2)

3 Construction of references to taking, sending and detaining. E+W

For the purposes of this Part of this Act—

(a) a 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;

(b) a person shall be regarded as sending a child if he causes the child to be sent; [F8 and]

(c) a 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. [F9 and

(d) references to a child’s parents and to a child whose parents were (or were not) married to each other at the time of his birth shall be construed in accordance with section 1 of the Family Law Reform Act 1987 (which extends their meaning).]

Textual Amendments

F8 The word “and” immediately preceding para. 3(c) is repealed (prosp.) by Children Act 1989 (c. 41, SIF 20), s. 108(2)(7), Sch. 15

F9 S. 3(d) and the word “and” immediately preceding it added by Children Act 1989 (c. 41, SIF 20), s. 108(2)(4), Sch. 12 para. 39

4 Penalties and prosecutions. E+W

(1) A person guilty of an offence under this Part of this Act shall be liable—

(a) on summary conviction, to imprisonment for a term not exceeding six months or to a fine not exceeding the statutory maximum, as defined in section 74 of the M3 Criminal Justice Act 1982, or to both such imprisonment and fine;

(b) on conviction on indictment, to imprisonment for a term not exceeding seven years.

(2) No prosecution for an offence under section 1 above shall be instituted except by or with the consent of the Director of Public Prosecutions.

Marginal Citations

M3 1982 c. 48.

5 Restriction on prosecutions for offence of kidnapping. E+W

Except by or with the consent of the Director of Public Prosecutions no prosecution shall be instituted for an offence of kidnapping if it was committed—

(a) against a child under the age of sixteen; and

(b) by a person connected with the child, within the meaning of section 1 above.

Part II S Offence under Law of Scotland

6 Offence in Scotland of parent, etc. taking or sending child out of United Kingdom. S

(1) Subject to subsections (4) and (5) below, a person connected with a child under the age of sixteen years commits an offence if he takes or sends the child out of the United Kingdom—

(a) without the appropriate consent if there is in respect of the child—

(i) an order of a court in the United Kingdom awarding custody of the child to any person; or

(ii) an order of a court in England, Wales or Northern Ireland making the child a ward of court;

(b) if there is in respect of the child an order of a court in the United Kingdom prohibiting the removal of the child from the United Kingdom or any part of it.

(2) A person is connected with a child for the purposes of this section if—

(a) he is a parent or guardian of the child; or

(b) there is in force an order of a court in the United Kingdom awarding custody of the child to him (whether solely or jointly with any other person); or

(c) in the case of [F10 a child whose parents are not and have never been married to one another], there are reasonable grounds for believing that he is the father of the child.

(3) In this section, the “appropriate consent” means—

(a) in relation to a child to whom subsection (1)(a)(i) above applies—

(i) the consent of each person

(a) who is a parent or guardian of the child; or

(b) to whom custody of the child has been awarded (whether solely or jointly with any other person) by an order of a court in the United Kingdom; or

(ii) the leave of that court;

(b) in relation to a child to whom subsection (1)(a)(ii) above applies, the leave of the court which made the child a ward of court;

Provided that, in relation to a child to whom more than one order referred to in subsection (1)(a) above applies, the appropriate consent may be that of any court which has granted an order as referred to in the said subsection (1)(a); and where one of these orders is an order referred to in the said subsection (1)(a)(ii) no other person as referred to in paragraph (a)(i) above shall be entitled to give the appropriate consent.

(4) In relation to a child to whom subsection (1)(a)(i) above applies, a person does not commit an offence by doing anything without the appropriate consent if—

(a) he does it in the belief that each person referred to in subsection (3)(a)(i) above—

(i) has consented; or

(ii) would consent if he was aware of all the relevant circumstances; or

(b) he has taken all reasonable steps to communicate with such other person but has been unable to communicate with him.

(5) In proceedings against any person for an offence under this section it shall be a defence for that person to show that at the time of the alleged offence he had no reason to believe that there was in existence an order referred to in subsection (1) above.

(6) For the purposes of this section—

(a) a 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; and

(b) a person shall be regarded as sending a child if he causes the child to be sent.

(7) In this section “guardian” means [F11 a tutor or curator to the child appointed under the Law Reform (Parent and Child) (Scotland) Act 1986 or] a person appointed by deed or will or by order of a court of competent jurisdiction to be the guardian of a child.

Textual Amendments

F10 Words substituted by Law Reform (Parent and Child) (Scotland) Act 1986 (c. 9, SIF 49:8), ss. 9, 10(1), Sch. 1 para. 20(a)

F11 Words inserted by Law Reform (Parent and Child) (Scotland) Act 1986 (c. 9, SIF 49:8), ss. 9, 10(1), Sch. 1 para. 20(b)

7 Power of arrest. S

A constable may arrest without warrant any person whom he reasonably suspects of committing or having committed an offence under this Part of this Act.

8 Penalties and prosecutions. S

A person guilty of an offence under this Part of this Act shall be liable—

(a) on summary conviction, to imprisonment for a term not exceeding three months or to a fine not exceeding the statutory maximum as defined in section 74(2) of the M4 Criminal Justice Act 1982, or both; or

(b) on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine, or both.

Marginal Citations

M4 1982 c. 48.

9 Proof and admissibility of certain documents. S

(1) For the purposes of this Part of this Act, a document duly authenticated which purports to be—

(a) an order or other document issued by a court of the United Kingdom (other than a Scottish court) shall be sufficient evidence of any matter to which it relates;

(b) a copy of such an order or other document shall be deemed without further proof to be a true copy unless the contrary is shown, and shall be sufficient evidence of any matter to which it relates.

(2) A document is duly authenticated for the purposes of—

(a) subsection (1)(a) above of it purports to bear the seal of that court;

(b) subsection (1)(b) above if it purports to be certified by any person in his capacity as a judge, magistrate or officer of that court to be a true copy.

10 Evidence. S

In any proceedings in relation to an offence under this Part of this Act it shall be presumed, unless the contrary is shown, that the child named in the order referred to in section 6(1) above, or in any copy thereof, is the child in relation to whom the proceedings have been taken.

Part III U.K. Supplementary

11 Consequential amendments and repeals. U.K.

(1) At the end of paragraph 1(b) of the Schedule to the M5 Visiting Forces Act 1952 (definition of “offence against the person”), there shall be inserted, appropriately numbered—

“(0) the Child Abduction Act 1984.”.

(2) After paragraph 2 of Schedule 1 to the M6 Firearms Act 1968 there shall be inserted—

“2A Offences under Part I of the Child Abduction Act 1984 (abduction of children).”.

(3) The reference to abduction in section 1(1)

of the M7 Internationally Protected Persons Act 1978 shall be construed as not including an offence under section 1 above or any corresponding provision in force in Northern Ireland or Part II of this Act.

(4) In section 4(1)(a) of the M8 Suppression of Terrorism Act 1978, after “11,”, there shall be inserted “11B,”; and in Schedule 1 to that Act, after paragraph 11A, there shall be inserted—

An offence under section 2 of the Child Abduction Act 1984 (abduction of child by person other than parent etc.) or any corresponding provision in force in Northern Ireland.”.

(5) The following provisions are hereby repealed—

(a) section 56 of the Offences against the M9 Person Act 1861;

(b) in Schedule 1 to the M10 Extradition Act 1870, the words “Child stealing”;

(c) in paragraph 2 of schedule 1 to the M11 Firearms Act 1968, the words “section 56 (child-stealing and abduction)”.

Marginal Citations

M5 1952 c. 67.

M6 1968 c. 27.

M7 1978 c. 17.

M8 1978 c. 26.

M9 1861 c. 100.

M10 1870 c. 52.

M11 1968 c. 27.

12 Enactment of corresponding provision for Northern Ireland. E+W+N.I.

An Order in Council under paragraph 1(1)(b) of schedule 1 to the M12 Northern Ireland Act 1974 (legislation for Northern Ireland in the interim period) which contains a statement that it operates only so as to make for Northern Ireland provision corresponding to Part I of this Act—

(a) shall not be subject to paragraph 1(4) and (5) of that Schedule (affirmative resolution of both Houses of Parliament); but

(b) shall be subject to annulment in pursuance of a resolution of either House.

Marginal Citations

M12 1974 c. 28.

13 Short title, commencement and extent. U.K.

(1) This Act may be cited as the Child Abduction Act 1984.

(2) This Act shall come into force at the end of the period of three months beginning with the day on which it is passed.

(3) Part I of this Act extends to England and Wales only, Part II extends to Scotland only and in Part III section 11(1) and (5)(a) and section 12 do not extend to Scotland and section 11(1), (2) and (5)(a) and (c) does not extend to Northern Ireland.

Section 1(8).

SCHEDULE E+W Modifications of Section 1 for Children in Certain Cases

Children in care of local authorities and voluntary organisations E+W

1 (1) This paragraph applies in the case of a child who is in the care of a local authority [F12 or voluntary organisation][F12 within the meaning of the Children Act 1989]in England or Wales.

(2) Where this paragraph applies, section 1 of this Act shall have effect as if—

(a) the reference in subsection (1) to the appropriate consent were a reference to the consent of the local authority [F13 or voluntary organisation] in whose care the child is; and

(b) subsections (3) to (6) were omitted.

Textual Amendments

F12 Words “within the meaning of the Children Act 1989” substituted (prosp.) by Children Act 1989 (c. 41, SIF 20), s. 108(2)(4), Sch. 12 para. 40(2)

F13 Words repealed (prosp.) by Children Act 1989 (c. 41, SIF 20), s. 108(2)(7), Sch. 15

Children in places of safety E+W

2 (1) This paragraph applies in the case of a child who is committed to a place of safety in England or Wales in pursuance of—

(a) section 40 of the M13 Children and Young Persons Act 1933; or

(b) section 43 of the M14 Adoption Act 1958; or

(c) section 2(5) or (10), 16(3) or 28(1) or (4) of the M15 Children and Young Persons Act 1969; or

(d) section 12 of the M16 Foster Children Act 1980.

(2) Where this paragraph applies, section 1 of this Act shall have effect as if—

(a) the reference in subsection (1) to the appropriate consent were a reference to the leave of any magistrates’ court acting for the area in which the place of safety is; and

(b) subsections (3) to (6) were omitted.

Marginal Citations

M13 1933 c. 12.

M14 1958 c. 5. (7 & 8 Eliz. 2)

M15 1969 c. 54.

M16 1980 c. 6.

Adoption and custodianship E+W

3 (1) This paragraph applies in the case of a child—

(a) who is the subject of an order under [F14 section 14 of the M17 Children Act 1975][F14 section 18 of the Adoption Act 1976] freeing him for adoption; or

(b) who is the subject of a pending application for such an order; or

(c) who is the subject of a pending application for an adoption order; or

(d) who is the subject of an order under [F15 section 25 of the Children Act 1975 or section 53 of the Adoption Act 1958][F15 section 55 of the Adoption Act 1976] relating to adoption abroad or of a pending application for such an order; or

[F16 (e) who is the subject of a pending application for a custodianship order.]

(2) Where this paragraph applies, section 1 of this Act shall have effect as if—

(a) the reference in subsection (1) to the appropriate consent were a reference—

(i) in a case within sub-paragraph (1)(a) above, to the consent of the adoption agency which made the application for the [F17 order or, if the parental rights and duties in respect of the child have been transferred from that agency to another agency by an order under section 23 of the M18 Children Act 1975][F17 section 18 order or, if the section 18 order has been varied under section 21 of that Act so as to give parental responsibility to another agency], to the consent of that other agency;

(ii) in a case within sub-paragraph (1)(b), [F18 (c) or (e)][F18 or (c)] above, to the leave of the court to which the application was made; and

(iii) in a case within sub-paragraph (1)(d) above, to the leave of the court which made the order or, as the case may be, to which the application was made; and

(b) subsections (3) to (6) were omitted.

[F19 (3) Sub-paragraph (2) above shall be construed as if the references to the court included, in any case where the court is a magistrates’ court, a reference to any magistrates’ court acting for the same area as that court]

Textual Amendments

F14 Words “section 18 of the Adoption Act 1976” substituted (prosp.) for “section 14 of the Children Act 1975” by Children Act 1989 (c. 41, SIF 20), s. 108(2)(4), Sch. 12 para. 40(4)(a)

F15 Words “section 55 of the Adoption Act 1976” substituted (prosp.) for “section 25 of the Children Act 1975 or section 53 of the Adoption Act 1958” by Children Act 1989 (c. 41, SIF 20), s. 108(2)(4), Sch. 12 para. 40(4)(b)

F16 Sch. 1 para.3(1)(e) repealed (prosp.) by Children Act 1989 (c. 41, SIF 20), s. 108(2)(7), Sch. 15

F17 Words beginning “section 18...” substituted (prosp.) for the words from “order or,” to “Children Act 1975” by Children Act 1989 (c. 41, SIF 20), s. 108)2)(4), Sch. 12 para. 40(5)(a)

F18 Words “or (c)” substituted (prosp.) for “(c) or (e)” by Children Act 1989 (c. 41, SIF 20), s. 108(2)(4), Sch. 12 para. 40(5)(b)

F19 Sch. para. 3(3) added (prosp.) by Children Act 1989 (c. 41, SIF 20), s. 108(2)(4), Sch. 12 para. 40(6)

Marginal Citations

M17 1975 c. 72.

M18 1975 c. 72.

Cases within paragraphs 1 and 3 E+W

4 E+W In the case of a child falling within both paragraph 1 and paragraph 3 above, the provisions of paragraph 3 shall apply to the exclusion of those in paragraph 1.

Interpretation E+W

[F20 5 (1) In this Schedule—

(a) subject to sub-paragraph (2) below, “adoption agency” has the same meaning as in section 1 of the Children Act 1975;

(b) “adoption order” means an order under section 8(1) of that Act;

(c) “custodianship order” has the same meaning as in Part II of that Act; and

(d) “local authority” and “voluntary organisation” have the same meanings as in section 87 of the M19 Child Care Act 1980.

(2) Until the coming into force of section 1 of the Children Act 1975, for the words “adoption agency” in this Schedule there shall be substituted “approved adoption society or local authority”; and in this Schedule “approved adoption society” means an adoption society approved under Part I of that Act.

(3) In paragraph 3(1) above references to an order or to an application for an order are references to an order made by, or to an application to, a court in England or Wales.

(4) Paragraph 3(2) above shall be construed as if the references to the court included, in any case where the court is a magistrates’ court, a reference to any magistrates’ court acting for the same petty sessions area as that court.]

Textual Amendments

F20 Sch. para. 5 (a)(b) substituted (14.10.1991) for Sch. para. 5 containing (1)-(4) by Children Act 1989 (c. 41, SIF 20), s. 108(4), Sch. 12 para.40(7) (with Sch. 14 para. 1(1)); S.I. 1991/828, art. 3(2)

Marginal Citations

M19 1980 c. 5