PART IVCARE AND PROTECTION OF CHILDREN AWAITING ADOPTION
Restrictions on removal of children
Restrictions on removal where applicant has provided home for 5 years29
1
While an application for an adoption order in respect of a child made by the person with whom the child has had his home for the 5 years preceding the application is pending, no person is entitled, against the will of the applicant, to remove the child from the applicant'sF1 home except with the leave of the court or under authority conferred by any enactment or on the arrest of the child.
2
Where a person ( “the prospective adopter”) gives notice to the F4... F3HSC trust within whose area he has his home that he intends to apply for an adoption order in respect of a child who for the preceding 5 years has had his home with the prospective adopter, no person is entitled, against the will of the prospective adopter, to remove the child from the prospective adopter'sF1 home, except with the leave of a court or under authority conferred by any enactment or on the arrest of the child, before—
a
the prospective adopter applies for the adoption order, or
whichever occurs first.
F12A
In paragraphs (1) and (2) “any enactment” does not include Article 22(2) of the Children (Northern Ireland) Order 1995.
4
In paragraphs (2) and (3) “a court” means a court with jurisdiction to make adoption orders.
F75
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F25A
An F3HSC trust which receives such notice as is mentioned in paragraph (2) in respect of a child whom the F3HSC trust knows to beF1 looked after by another F3HSC trustF8... or to be provided with accommodation by a voluntary organisation shall, not more than 7 days after the receipt of the notice, inform that other F3HSC trust or that F9... organisation, in writing, that it has received the notice.
6
7
Any person who contravenes paragraph (1) or (2) shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale or to imprisonment for a term not exceeding 6 months or to both.
8
The Department may by order made subject to affirmative resolution amend paragraph (1) or (2) to substitute for the period of 5 years mentioned in that paragraph such other period as may be specified in the order.