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Child Abduction and Custody Act 1985
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- UK Public General Acts
- 1985 c. 60
- Part II
- Section 23
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Child Abduction and Custody Act 1985, Section 23 is up to date with all changes known to be in force on or before 19 December 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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Changes and effects yet to be applied to Section 23:
- Sch. 3 para. 8(ba) inserted by 2022 c. 18 (N.I.) Sch. 3 para. 3(a)
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Whole provisions yet to be inserted into this Act (including any effects on those provisions):
- Sch. 3 para. 8(ba) inserted by 2022 c. 18 (N.I.) Sch. 3 para. 3(a)
23 Decisions of United Kingdom courts.U.K.
(1)Where a person on whom any rights are conferred by a decision relating to custody made by a court in the United Kingdom makes an application to the Lord Chancellor[F1, the Department of Justice in Northern Ireland] or the Secretary of State under Article 4 of the Convention with a view to securing its recognition or enforcement in another Contracting State, the Lord Chancellor[F1, the Department of Justice in Northern Ireland] or the Secretary of State may require the court which made the decision to furnish him with all or any of the documents referred to in Article 13(1)(b), (c) and (d) of the Convention.
(2)Where in any custody proceedings a court in the United Kingdom makes a decision relating to a child who has been removed from the United Kingdom, the court may also, on an application made by any person for the purposes of Article 12 of the Convention, declare the removal to have been unlawful if it is satisfied that the applicant has an interest in the matter and that the child has been taken from or sent or kept out of the United Kingdom without the consent of the person (or, if more than one, all the persons) having the right to determine the child’s place of residence under the law of the part of the United Kingdom in which the child was habitually resident.
(3)In this section “decision relating to custody” has the same meaning as in the Convention.
Textual Amendments
F1Words in s. 23 inserted (12.4.2010) by The Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), art. 1(2), Sch. 18 para. 37 (with arts. 28-31)
Modifications etc. (not altering text)
C1S. 23 applied (with modifications) (1.3.1997) by S.I. 1996/3156, art. 2, Sch.
S. 23 applied (with modifications) (2.12.1997) by S.I. 1997/2574 art. 2, Sch.
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