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

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; F1 . . .

(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. [F2 and

(d) references to a child’s parents and to a child whose parents were (or were not) married to[F3 , or civil partners of,] 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

F1 Word in s. 3(b) repealed (14.10.1991) by Children Act 1989 (c. 41, SIF 20), s. 108(7), Sch.15 (with Sch. 14 paras. 1(1), 27(4)); S.I. 1991/828, art. 3(2)

F2 S. 3(d) and the word “and” immediately preceding it added (14.10.1991) by Children Act 1989 (c. 41, SIF 20), s. 108(4), Sch. 12 para.39 (with Sch. 14 para. 14(1)); S.I. 1991/828, art. 3(2)

F3 Words in s. 3(d) inserted (2.12.2019) by The Civil Partnership (Opposite-sex Couples) Regulations 2019 (S.I. 2019/1458), reg. 1(2), Sch. 3 para. 9(c)