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The Child Abduction (Northern Ireland) Order 1985
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The Child Abduction (Northern Ireland) Order 1985, Section 4 is up to date with all changes known to be in force on or before 07 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.
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Offence of abduction of child by other personsN.I.
4.—(1) Subject to[F1 paragraph (3), a person, other than one mentioned in paragraph (2),] commits an offence if, without lawful authority or reasonable excuse, he takes or detains a child under the age of 16—
(a)so as to remove him from the lawful control of any person having lawful control of the child; or
(b)so as to keep him out of the lawful control of any person entitled to lawful control of the child.
[F1(2) The persons are—
(a)where the father and mother of the child in question were married to [F2, or civil partners of,] each other at the time of his birth, the child's father and mother;
(b)where the father and mother of the child in question were not married to [F3, or civil partners of,] each other at the time of his birth, the child's mother; and
(c)any other person mentioned in sub-paragraphs (c) to (e) of Article 3(2).
(3) In proceedings against any person for an offence under this Article, it shall be a defence for that person to prove—
(a)where the father and mother of the child in question were not married to [F4, or civil partners of,] each other at the time of his birth—
(i)that he is the child's father; or
(ii)that, at the time of the alleged offence, he believed, on reasonable grounds, that he was the child's father; or
(b)that, at the time of the alleged offence, he believed that the child had attained the age of 16.]
F2Words in art. 4(2)(a) inserted (13.1.2020) by The Marriage (Same-sex Couples) and Civil Partnership (Opposite-sex Couples) (Northern Ireland) Regulations 2019 (S.I. 2019/1514), regs. 1(2), 34(4)(a) (with regs. 6-9)
F3Words in art. 4(2)(b) inserted (13.1.2020) by The Marriage (Same-sex Couples) and Civil Partnership (Opposite-sex Couples) (Northern Ireland) Regulations 2019 (S.I. 2019/1514), regs. 1(2), 34(4)(a) (with regs. 6-9)
F4Words in art. 4(3)(a) inserted (13.1.2020) by The Marriage (Same-sex Couples) and Civil Partnership (Opposite-sex Couples) (Northern Ireland) Regulations 2019 (S.I. 2019/1514), regs. 1(2), 34(4)(b) (with regs. 6-9)
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