Part I Offences under Law of England and Wales

2 Offence of abduction of child by other persons.

(1)

F1Subject 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.

F2(2)

The persons are—

(a)

where the father and mother of the child in question were married toF3, or civil partners of, 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 toF4, or civil partners of, 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 toF5, or civil partners of, 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.