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Child Abduction and Custody Act 1985

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Changes over time for: SCHEDULE 3

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Version Superseded: 04/11/1996

Status:

Point in time view as at 01/11/1996.

Changes to legislation:

Child Abduction and Custody Act 1985, SCHEDULE 3 is up to date with all changes known to be in force on or before 18 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

Section 27(1).

SCHEDULE 3U.K. CUSTODY ORDERS

Modifications etc. (not altering text)

C1Sch. 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.

Part IU.K. England and Wales

[F11U.K.The following are the orders referred to in section 27(1) of this Act—

(a)a care order under the Children Act 1989 (as defined by section 31(11) of that Act, read with section 105(1) and Schedule 14);

(b)a residence order (as defined by section 8 of the Act of 1989); and

(c)any order made by a court in England and Wales under any of the following enactments—

(i)section 9(1), 10(1(a) or 11(a) of the Guardianship of Minors Act 1971;

(ii)section 42(1) or (2) or 43(1) of the Matrimonial Causes Act 1973;

(iii)section 2(2)(b), 4(b) or (5) of the Guardianship Act 1973 as applied by section 34(5) of the Children Act 1975;

(iv)section 8(2)(a), 10(1) or 19(1)(ii) of the Domestic Proceedings and Magistrates Courts Act 1978;

(v)section 26(1)(b) of the Adoption Act 1976.]

2U.K.An order made by the High Court in the exercise of its jurisdiction relating to wardship so far as it gives the care and control of a child to any person.

3An order made by the Secretary of State under section 25(1) of the Children and Young Persons Act 1969 (except where the order superseded was made under section 74(1)(a) or (b) or 78(1) of the M1Children and Young Persons Act (Northern Ireland) M21968 or was made under section 97(2)(a) of that Act on a complaint by a person under whose supervision the child had been placed by an order under section 74(1)(c) of that Act).

4U.K.An authorisation given by the Secretary of State under section 26(2) of the Children and Young Persons Act 1969 (except where the relevant order, within the meaning of that section, was made by virtue of the court which made it being satisfied that the child was guilty of an offence).

Part IIU.K. Scotland

5An order made by a court of civil jurisdiction in Scotland under any enactment or rule of law with respect to the [F2residence, 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;

(ii)an adoption order under section 12(1) of the M3Adoption (Scotland) Act 1978;

[F3(iia)an order freeing a child for adoption made under section 18 of the M4Adoption (Scotland) Act 1978]

(iii)an order relating to the [F4guardianship] of a child;

(iv)an order made under section 16(8), 16A(3) or 18(3) of the M5Social Work (Scotland) Act 1968;

(v)an order made in the exercise of any power under Part III of the Social Work (Scotland) Act 1968 to authorise any person to take a child to a place of safety, to issue, renew or recall a warrant for the apprehension or detention of a child, or to order the detention of a child in secure accommodation;

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

Textual Amendments

F2Words 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.

F4Words 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.

Modifications etc. (not altering text)

Marginal Citations

M41978 c.28(49:11).

6A supervision requirement or other order made by a children’s hearing in Scotland under section 44(1), 47, 48, 72(1) or 74(1) of the Social Work (Scotland) Act 1968.

7An order made by the Secretary of State under section 74(3) of the said Act of 1968.

Part IIIU.K. Northern Ireland

8An order made by a court in Northern Ireland under any of the following enactments—

(a)section 5 of the M6Guardianship of Infants Act 1886 (except so far as it relates to costs);

(b)section 49 of the M7Mental Health Act (Northern Ireland) 1961;

(c)any of the following provisions of the M8Children and Young Persons Act (Northern Ireland) 1968—

(i)section 95(1)(a) or (b);

(ii)in the case of a child or young person with respect to whom a supervision order under section 95(1)(d) has been made, section 97(2)(a);

(iii)section 108;

(iv)in the case of a child or young person committed to the care of a fit person under Part V of that Act, section 143(6)(a) or (b) or 144 (being, in the case of an order under section 144, an order corresponding to an order under section 95(1)(a) or (b) of that Act);

(d)paragraph 7 of Schedule 9 to the M9Education and Libraries (Northern Ireland) Order 1972 (being an order corresponding to an order under section 95(1)(a) or (b) of the said Act of 1968);

(e)Article 45(1) or (2) or 46 of the M10Matrimonial Causes (Northern Ireland) Order 1978;

(f)Article 10(2)(a), 12(1) or 20(1)(ii) of the M11Domestic Proceedings (Northern Ireland) Order 1980.

9U.K.An order made by the High Court in the exercise of its jurisdiction relating to wardship so far as it gives the care and control of a child to any person.

10An order made by the Secretary of State under section 25(2) of the M12Children and Young Persons Act 1969 superseding an order within paragraph 1(1)(b) or (c) of this Schedule.

Marginal Citations

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