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Children Act 1975
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87Actual custody
(1)A person has actual custody of a child if he has actual possession of his person, whether or not that possession is shared with one or more other persons.
(2)While a person not having legal custody of a child has actual custody of the child he has the like duties in relation to the child as a custodian would have by virtue of his legal custody.
(3)In this Act, unless the Context otherwise requires, references to the person with whom a child has his home refer to the person who, disregarding absence of the child at a hospital or boarding school and any other temporary absence, has actual custody of the child.
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