Child Abduction and Custody Act 1985 (c. 60)

SCHEDULES

Section 27(1).

SCHEDULE 3 U.K. CUSTODY ORDERS

Modifications etc. (not altering text)

C1 Sch. 3 applied (with modifications) (1.3.1997) by S.I. 1996/3156, art. 2, Sch.

Sch. 3 applied (with modifications) (2.12.1997) by S.I. 1997/2574 art. 2, Sch.

Part I U.K. England and Wales

[F1 1 (1) An order made by a court in England and Wales under any of the following enactments—

(a) section 7(2) of the M1 Family Law Reform Act 1969;

(b) subsection (2) of section 1 of the M2 Children and Young Persons Act 1969 (being an order made in pursuance of subsection (3)(c) of that section otherwise than in a case where the condition mentioned in subsection (2)(f) is satisfied with respect to the child);

(c) section 15(1) of the Children and Young Persons Act 1969 (being a care order made on the discharge of a supervision order other than a supervision order made in a case where the condition mentioned in section 1(2)(f) of that Act was satisfied with respect to the child);

(d) [F2 section 9(1), 10(1)(a) or 11(a)][F2 section 9 or 10] of the M3 Guardianship of Minors Act 1971;

(e) section 42(1) or (2) or 43(1) of the M4 Matrimonial Causes Act 1973;

(f) section 2(2)(b), [F3 (4)(b) or (5)][F3 (4) or (5)(b)] of the M5 Guardianship Act 1973;

(g) section 17(1)(b), 33(1), 36(2) or 36(3)(a) of the Children Act 1975 or section 2(2)(b) or (4)(b) of the Guardianship Act 1973 as applied by section 34(5) of the M6 Children Act 1975;

(h) section 8(2)(a), 10(1) or 19(1)(ii) of the M7 Domestic Proceedings and Magistrates’ Courts Act 1978;

(i) section 26(1)(b) of the M8 Adoption Act 1976.

[F4 (2) After the commencement of section 26(1)(b) of the Adoption Act 1976 paragraph (g) of sub-paragraph (1) above shall have effect with the omission of the reference to section 17(1)(b) of the Children Act 1975.]]

Textual Amendments

F1 Sch. 3, Pt. I para. 1(a)–(c) substituted (prosp.) for Sch. 3, Pt. I para. 1(a)–(i) by Children Act 1989 (c. 41, SIF 20), s. 108(2)(5)(6), Sch. 13 para. 57(3), Sch. 14 para. 1(1)

F2 Words “section 9 or 10” substituted(E.W.) for words “section 9(1), 10(1)(a) or 11(a)” by Family Law Reform Act 1987 (c. 42, SIF 49:7), s. 33(1), Sch. 2 para. 90

F3 Words “(4) or (5)(b)” substituted(E.W.) for words “(4)(b) or (5)” by Family Law Reform Act 1987 (c. 42, SIF 49:7), s. 33(1), Sch. 2 para. 90

F4 Sch. 3, Pt. I para. 1(2) repealed (prosp.) by Children Act 1989 (c. 41, SIF 20), s. 108(2)(4)(6)(7), Sch. 14 para. 27(4), Sch. 15

Marginal Citations

M1 1969 c. 46.

M2 1969 c. 54.

M3 1971 c. 3.

M4 1973 c. 18.

M5 1973 c. 29.

M6 1975 c. 72.

M7 1978 c. 22.

M8 1976 c. 36.

Prospective

[F5 1 The following are the orders referred to in section 27(1) of this Act—

(a) a care order under the Children Act 1989 (as defined by section 31(11) of that Act, read with section 105(1) and Schedule 14);

(b) a residence order (as defined by section 8 of the Act of 1989); and

(c) any order made by a court in England and Wales under any of the following enactments—

(i) section 9(1), 10(1(a) or 11(a) of the Guardianship of Minors Act 1971;

(ii) section 42(1) or (2) or 43(1) of the Matrimonial Causes Act 1973;

(iii) section 2(2)(b), 4(b) or (5) of the Guardianship Act 1973 as applied by section 34(5) of the Children Act 1975;

(iv) section 8(2)(a), 10(1) or 19(1)(ii) of the Domestic Proceedings and Magistrates Courts Act 1978;

(v) section 26(1)(b) of the Adoption Act 1976.]

Textual Amendments

F5 Sch. 3, Pt. I para. 1(a)–(c) substituted (prosp.) for Sch. 3, Pt. I para. 1(1)(a)–(i)(2) by Children Act 1989 (c. 41, SIF 20), s. 108(2)(5)(6), Sch. 13 para. 57(3), Sch. 14 para. 1(1)

2 U.K. An order made by the High Court in the exercise of its jurisdiction relating to wardship so far as it gives the care and control of a child to any person.

3 An order made by the Secretary of State under section 25(1) of the Children and Young Persons Act 1969 (except where the order superseded was made under section 74(1)(a) or (b) or 78(1) of the M9 Children and Young Persons Act (Northern Ireland) M10 1968 or was made under section 97(2)(a) of that Act on a complaint by a person under whose supervision the child had been placed by an order under section 74(1)(c) of that Act).

Marginal Citations

M9 1968 c. 34 (N.I.).

M10 1968 c. 34 (N.I.).

4 U.K. An authorisation given by the Secretary of State under section 26(2) of the Children and Young Persons Act 1969 (except where the relevant order, within the meaning of that section, was made by virtue of the court which made it being satisfied that the child was guilty of an offence).

Part II U.K. Scotland

5 An order made by a court of civil jurisdiction in Scotland under any enactment or rule of law with respect to the custody, care or control of a child or access to a child, excluding—

(i) an order placing a child under the supervision of a local authority;

(ii) an adoption order under section 12(1) of the M11 Adoption (Scotland) Act 1978;

[F6 (iia) an order freeing a child for adoption made under section 18 of the M12 Adoption (Scotland) Act 1978]

(iii) an order relating to the tutory or curatory of a child;

(iv) an order made under section 16(8), 16A(3) or 18(3) of the M13 Social Work (Scotland) Act 1968;

(v) an order made in the exercise of any power under Part III of the Social Work (Scotland) Act 1968 to authorise any person to take a child to a place of safety, to issue, renew or recall a warrant for the apprehension or detention of a child, or to order the detention of a child in secure accommodation;

(vi) an order made in proceedings under this Act.

Textual Amendments

F6 Sch. 3, Pt. I para. 5(iia) inserted by Family Law Act 1986 (c. 55, SIF 49:3), s. 68(1), Sch. 1 para. 31

Modifications etc. (not altering text)

C2 Sch. 3 Pt. II para. 5(ii) modified (1.11.1994) by S.I. 1994/2804, reg. 3, Sch. 2 para. 4

Marginal Citations

M11 1978 c. 28.

M12 1978 c.28(49:11).

M13 1968 c. 49.

6 A supervision requirement or other order made by a children’s hearing in Scotland under section 44(1), 47, 48, 72(1) or 74(1) of the Social Work (Scotland) Act 1968.

7 An order made by the Secretary of State under section 74(3) of the said Act of 1968.

Part III U.K. Northern Ireland

8 An order made by a court in Northern Ireland under any of the following enactments—

(a) section 5 of the M14 Guardianship of Infants Act 1886 (except so far as it relates to costs);

(b) section 49 of the M15 Mental Health Act (Northern Ireland) 1961;

(c) any of the following provisions of the M16 Children and Young Persons Act (Northern Ireland) 1968—

(i) section 95(1)(a) or (b);

(ii) in the case of a child or young person with respect to whom a supervision order under section 95(1)(d) has been made, section 97(2)(a);

(iii) section 108;

(iv) in the case of a child or young person committed to the care of a fit person under Part V of that Act, section 143(6)(a) or (b) or 144 (being, in the case of an order under section 144, an order corresponding to an order under section 95(1)(a) or (b) of that Act);

(d) paragraph 7 of Schedule 9 to the M17 Education and Libraries (Northern Ireland) Order 1972 (being an order corresponding to an order under section 95(1)(a) or (b) of the said Act of 1968);

(e) Article 45(1) or (2) or 46 of the M18 Matrimonial Causes (Northern Ireland) Order 1978;

(f) Article 10(2)(a), 12(1) or 20(1)(ii) of the M19 Domestic Proceedings (Northern Ireland) Order 1980.

Marginal Citations

M14 1886 c. 27.

M15 1961 c. 15 (N.I.).

M16 1968 c. 34 (N.I.).

M17 S.I. 1972/1263 (N.I. 12).

M18 S.I. 1978/1045 (N.I. 15).

M19 S.I. 1980/563 (N.I. 5).

9 U.K. An order made by the High Court in the exercise of its jurisdiction relating to wardship so far as it gives the care and control of a child to any person.

10 An order made by the Secretary of State under section 25(2) of the M20 Children and Young Persons Act 1969 superseding an order within paragraph 1(1)(b) or (c) of this Schedule.

Marginal Citations

M20 1969 c. 54.