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Child Abduction and Custody Act 1985
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Changes over time for: Section 9
Changes to legislation:
Child Abduction and Custody Act 1985, Section 9 is up to date with all changes known to be in force on or before 11 February 2025. 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.
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Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
Changes and effects yet to be applied to Section 9:
- Sch. 3 para. 8(ba) inserted by 2022 c. 18 (N.I.) Sch. 3 para. 3(a)
Changes and effects yet to be applied to the whole Act associated Parts and Chapters:
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
- Sch. 3 para. 8(ba) inserted by 2022 c. 18 (N.I.) Sch. 3 para. 3(a)
9 Suspension of court’s powers in cases of wrongful removal.U.K.
The reference in Article 16 of the Convention to deciding on the merits of rights of custody shall be construed as a reference to—
(a)making, varying or revoking a custody order, or [F1a supervision order under section 31 of the Children Act 1989] or [F2Article 50 of the Children (Northern Ireland) Order 1995];
[F3(aa)enforcing under section 29 of the Family Law Act 1986 a custody order within the meaning of Chapter V of Part I of that Act;]
(b)registering or enforcing a decision under Part II of this Act;
[F4(ba)registering or enforcing a decision under the Convention on Jurisdiction, Applicable Law, Recognition, Enforcement and Co-Operation in respect of Parental Responsibility and Measures for the Protection of Children that was signed at The Hague on 19 October 1996 (“the 1996 Convention”), except where provisions of the 1996 Convention are invoked in accordance with Article 50 of the 1996 Convention;]
F5(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[F6(d) making, varying, amending or revoking a permanence order under section 80 of the Adoption and Children (Scotland) Act 2007 (including a deemed permanence order having effect by virtue of article 13(1) or 14(2) of the Adoption and Children (Scotland) Act 2007 (Commencement No. 4, Transitional and Savings Provisions) Order 2009 ( S.S.I. 2009/267) ). ]
F7(e). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F1Words in s. 9(a) substituted (14.10.1991) by Children Act 1989 (c. 41, SIF 20), s. 108, Sch. 13 para. 57(1), Sch. 14 para. 1(1); S.I. 1991/828, art. 3(2)
F2Words in s. 9(a) substituted (4.11.1996) by S.I. 1995/756, art. 11(2); S.R. 1996/297, art. 3
F3S. 9(aa) inserted by Family Law Act 1986 (c. 55, SIF 49:3), s. 68(1), Sch. 1 para. 28
F4S. 9(ba) inserted (E.W.N.I.) (1.11.2012) by Parental Responsibility and Measures for the Protection of Children (International Obligations) (England and Wales and Northern Ireland) Regulations 2010 (S.I. 2010/1898), reg. 1(2), Sch. para. 3 and s. 9(ba) inserted (S.) (1.11.2012) by Parental Responsibility and Measures for the Protection of Children (International Obligations) (Scotland) Regulations 2010 (S.S.I. 2010/213), reg. 1(2), Sch. para. 1
F5S. 9(c) repealed (14.10.1991) by Children Act 1989 (c. 41, SIF 20), s. 108(6)(7), Sch. 14 para. 27(4), Sch. 15; S.I. 1991/828 art. 3(2)
F6S. 9(d) substituted (15.7.2011) by The Adoption and Children (Scotland) Act 2007 (Consequential Modifications) Order 2011 (S.I. 2011/1740), art. 1(2), Sch. 1 para. 2(2)
F7S. 9(e) repealed (4.11.1996) by S.I. 1995/756, art. 15, Sch.; S.R. 1996/297, art. 3
Modifications etc. (not altering text)
C1S. 9 applied (with modifications) (1.3.1997) by S.I. 1996/3156, art. 2, Sch.
S. 9 applied (with modifications) (2.12.1997) by S.I. 1997/2574 art. 2, Sch.
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