Children Act 1975

47 Granting of Custody. S

(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1

(2) [F2 Notwithstanding the generality of section 3(1) of the M1 Law Reform (Parent and Child) (Scotland) Act 1986], custody of a child shall not be granted in any proceedings to a person other than a parent [F3 , tutor, curator] or guardian of the child unless that person—

(a) being a relative or step-parent of the child, has the consent of a parent [F3 , tutor, curator] or guardian of the child and has had care and possession of the child for the three months preceding the making of the application for custody; or

(b) has the consent of a parent [F3 , tutor, curator] or guardian of the child and has had care and possession of the child for a period or periods, before such application, which amounted to at least twelve months and included the three months preceding such application; or

(c) has had care and possession of the child for a period or periods before such application which amounted to at least three years and included the three months preceding such application; or

(d) while not falling within paragraph (a), (b) or (c), can show cause, . . . F4 why an order should be made awarding him custody of the child.

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1

(4) The Secretary of State may by order a draft of which has been approved by each House of Parliament amend subsection (2)(c) to substitute a different period for the period of three years mentioned in that paragraph (or the period which by a previous order under this subsection was substituted for that period).

(5) In relation to a grant of custody to which this section applies,

(a) “guardian” has the same mean ing as in the 1958 Act [F5 M2 Adoption (Scotland) Act 1978];

(b)-(c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F6

(6) The form and manner of any consent required in terms of subsection (2)(a) or (b) may be prescribed by act of sederunt.

Textual Amendments

F1 S. 47(1)(3) repealed by Law Reform (Parent and Child) (Scotland) Act 1986 (c. 9, SIF 49:8), ss. 9, 10(2), Sch. 2

F2 Words substituted by Law Reform (Parent and Child) (Scotland) Act 1986 (c. 9, SIF 49:8), ss. 9, 10(1), Sch. 1 para. 14(1)(a)

F3 Words inserted by Law Reform (Parent and Child) (Scotland) Act 1986 (c. 9, SIF 49:8), ss. 9, 10(1), Sch. 1 para. 14(1)(b)

F4 Words repealed by Law Reform (Parent and Child) (Scotland) Act 1986 (c. 9, SIF 49:8), ss. 9, 10(2), Sch. 2

F5 Words inserted by Adoption (Scotland) Act 1978 (c. 28, SIF 49:11), s. 66, Sch. 3 para. 16

F6 S. 47(5)(b)(c) repealed by Law Reform (Parent and Child) (Scotland) Act 1986 (c. 9, SIF 49:8), ss. 9, 10(2), Sch. 2

Modifications etc. (not altering text)

C1 S. 47(2) excluded (in certain cases where application for custody has been made before 1.4.1986) by S.I. 1985/1557 art. 4, Sch. 2 para. 1

Marginal Citations

M1 1986 c. 9(49:8).

M2 1978 c. 28.