Search Legislation

Child Abduction and Custody Act 1985

 Help about what version

What Version

 Help about advanced features

Advanced Features

 Help about opening options

Opening OptionsExpand opening options

Changes over time for: Paragraph 5

 Help about opening options

Changes to legislation:

Child Abduction and Custody Act 1985, Paragraph 5 is up to date with all changes known to be in force on or before 29 November 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

5U.K.An order made by a court of civil jurisdiction in Scotland under any enactment or rule of law with respect to the [F1residence, custody, care or control of a child or contact with, or] access to a child, excluding—

(i)an order placing a child under the supervision of a local authority;

F2F3(ii). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F2F4( iia ). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(iii)an order relating to the [F5guardianship] of a child;

(iv)an order made under section [F686 of the Children (Scotland) Act 1995];

F7(v). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(vi)an order made in proceedings under this Act.

[F8(vii)[F9 an adoption order (as defined in section 28(1) of the Adoption and Children (Scotland) Act 2007 (asp 4);

an adoption order (as defined in section 28(1) of the Adoption and Children (Scotland) Act 2007 (asp 4);

(viii)a permanence order (as defined in subsection (2) of section 80 of that Act) which includes provision such as is mentioned in paragraph (c) of that subsection.]]

[F10(ix)an order made, or warrant or authorisation granted, under or by virtue of the Children’s Hearings (Scotland) Act 2011 to remove the child to a place of safety or to secure accommodation (those expressions having the meanings given by section 202(1) of that Act), to keep the child at such a place or in such accommodation, or to prevent the removal of the child from a place where the child is being accommodated (or an order continuing, varying or discharging any order, warrant or authorisation so made or granted).]

Textual Amendments

F1Words 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.

F3Sch. 3 para. 5(ii) repealed (S.) (28.9.2009) by Adoption and Children (Scotland) Act 2007 (asp 4), s. 121(2), Sch. 3; S.S.I. 2009/267, arts. 1(2), 2 (with arts. 3-21) (as amended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)

F4Sch. 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)

F5Words 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.

F6Words 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)

F8Sch. 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)

Modifications etc. (not altering text)

C1Sch. 3 Pt. II para. 5(ii) modified (1.11.1994) by S.I. 1994/2804, reg. 3, Sch. 2 para. 4

Back to top

Options/Help