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Child Abduction and Custody Act 1985

Type Public General Act
Publication 1985-07-25
Last updated 2020-12-31
State In force
Department Statute Law Database
Source legislation.gov.uk
articles 63
Reform history JSON API
63

Sch. 2 applied (with modifications) (1.3.1997) by S.I. 1996/3156, art. 2, Sch. Sch. 2 applied (with modifications) (2.12.1997) by S.I. 1997/2574 art. 2, Sch.

66

Words in Sch. 3 Pt. II para. 5 substituted (1.11.1996 subject to arts. 4-7 of the commencing S.I.) by 1995 c. 36, s. 104(4), Sch. 4 para. 37(6)(a)(i) (with s. 103(1)); S.I. 1996/2203, art. 3(3), Sch.

67

Sch. 3 Pt. II para. 5(ii) modified (1.11.1994) by S.I. 1994/2804, reg. 3, Sch. 2 para. 4

68

Words in Sch. 3 Pt. II para. 5(iii) substituted (1.11.1996 subject to arts. 4-7 of the commencing S.I.) by 1995 c. 36, s. 105(4), Sch. 4 para. 37(6)(a)(ii) (with s. 103(1)); S.I. 1996/2203, art. 3(3), Sch.

69

Words in Sch. 3 Pt. II para. 5(iv) substituted (1.4.1997) by 1995 c. 36, s. 105(4), Sch. 4 para. 37(6)(a)(iii) (with s. 103(1)); S.I. 1996/3201, art. 3(7)

70

Sch. 3 Pt. II para. 7 ceased to have effect (1.4.1997) by 1995 c. 36, s. 105(4)(5), Sch. 4 para. 37(6)(c), Sch. 5 (with s. 103(1)); S.I. 1996/3201, art. 3(7)

73

Sch. 3 applied (with modifications) (1.3.1997) by S.I. 1996/3156, art. 2, Sch. Sch. 3 applied (with modifications) (2.12.1997) by S.I. 1997/2574 art. 2, Sch.

75

S. 25(4)(7) repealed (4.11.1996) by S.I. 1995/756, art. 15, Sch.; S.R. 1996/297, art. 3 and s. 25(4) expressed to be repealed (31.1.1999) by S.I. 1998/1504, art. 65(2), Sch. 6; S.R. 1999/25, art. 2(b)(d)

77

Words in s. 6(a) inserted (E.W.) (1.4.2005) by Children Act 2004 (c. 31), s. 67(6), Sch. 3 para. 3; S.I. 2005/700, art. 2(2)

78

Words in s. 21(a) inserted (E.W.) (1.4.2005) by Children Act 2004 (c. 31), s. 67(6), Sch. 3 para. 3; S.I. 2005/700, art. 2(2)

83

Sch. 3 para. 5(ii) repealed (S.) (28.9.2009) by Adoption and Children (Scotland) Act 2007 (asp 4), s. 121(2), Sch. 3; S.S.I. 2009/267, arts. 1(2), 2 (with arts. 3-21) (as amended (7.5.2012) by S.S.I. 2012/99, art. 2)

84

Sch. 3 para. 5(iia) repealed (S.) (28.9.2009) by Adoption and Children (Scotland) Act 2007 (asp 4), s. 121(2), Sch. 3; S.S.I. 2009/267, arts. 1(2), 2 (with arts. 3-21) (as amended (7.5.2012) by S.S.I. 2012/99, art. 2)

85

Sch. 3 para. 5(vii)(viii) inserted (S.) (28.9.2009) by Adoption and Children (Scotland) Act 2007 (asp 4), s. 121(2), Sch. 2 para. 4; S.S.I. 2009/267, arts. 1(2), 2 (with arts. 3-21) (as amended (7.5.2012) by S.S.I. 2012/99, art. 2)

100

S. 11(a) substituted (1.4.2013) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 5 para. 26; S.I. 2013/453, art. 3(h) (with savings and transitional provisions in S.I. 2013/534, art. 6)

106

Sch. 3 para. 1(b) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 48; S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

110

S. 11(aa) inserted (N.I.) (1.4.2015) by Access to Justice (Northern Ireland) Order 2003 (S.I. 2003/435), art. 1(2), Sch. 4 para. 8(a) (with art. 45) (as amended (18.11.2014) by Legal Aid and Coroners’ Courts Act (Northern Ireland) 2014 (c. 11), Sch. 2 para 6(43)(a)(v)); S.R. 2015/194, art. 2, Sch. (with art. 3)

Application as respects British Islands and colonies.

The removal or the retention of a child is to be considered wrongful where—

The rights of custody mentioned in sub-paragraph (a) above may arise in particular by operation of law or by reason of a judicial or administrative decision, or by reason of an agreement having legal effect under the law of that State.

5A

The reference in paragraph 5(viii) to a permanence order includes a deemed permanence order having effect by virtue of article 13(1), 14(2), 17(1) or 19(2) of the Adoption and Children (Scotland) Act 2007 (Commencement No. 4, Transitional and Savings Provisions) Order 2009.

Contracting States.

Application as respects British Islands and colonies.

Application as respects British Islands and colonies.

The removal or the retention of a child is to be considered wrongful where—

The rights of custody mentioned in sub-paragraph (a) above may arise in particular by operation of law or by reason of a judicial or administrative decision, or by reason of an agreement having legal effect under the law of that State.

Proof of documents and evidence.

Reports.

Short title, commencement and extent.

The Convention shall apply to any child who was habitually resident in a Contracting State immediately before any breach of custody or access rights. The Convention shall cease to apply when the child attains the age of sixteen years.

The European Convention.

Expenses.

Application as respects British Islands and colonies.

The removal or the retention of a child is to be considered wrongful where—

The rights of custody mentioned in sub-paragraph (a) above may arise in particular by operation of law or by reason of a judicial or administrative decision, or by reason of an agreement having legal effect under the law of that State.

Rules of court.

The European Convention.

Reports.

Expenses.

The removal or the retention of a child is to be considered wrongful where—

The rights of custody mentioned in sub-paragraph (a) above may arise in particular by operation of law or by reason of a judicial or administrative decision, or by reason of an agreement having legal effect under the law of that State.

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