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Child Abduction and Custody Act 1985
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Version Superseded: 04/11/1996
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9 Suspension of court’s powers in cases of wrongful removal.U.K.
The reference in Article 16 of the Convention to deciding on the merits of rights of custody shall be construed as a reference to—
(a)making, varying or revoking a custody order, or [F1a supervision order under section 31 of the Children Act 1989] or section 95(1), 97(2), 143(6) or 144 of the M1Children and Young Persons Act (Northern Ireland) 1968 (not being a custody order);
[F2(aa)enforcing under section 29 of the Family Law Act 1986 a custody order within the meaning of Chapter V of Part I of that Act;]
(b)registering or enforcing a decision under Part II of this Act;
F3(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(d)determining a summary application under section 16(8), 16A(3) or 18(3) of the M2Social Work (Scotland) Act 1968;
(e)making a parental rights order under section 104 of the M3Children and Young Persons Act (Northern Ireland) 1968 or discharging such an order, or giving directions in lieu of the discharge of such an order, under section 106(2) of that Act.
Textual Amendments
F1Words in s. 9(a) substituted (14.10.1991) by Children Act 1989 (c. 41, SIF 20), s. 108, Sch. 13 para. 57(1), Sch. 14 para. 1(1); S.I. 1991/828, art. 3(2)
F2S. 9(aa) inserted by Family Law Act 1986 (c. 55, SIF 49:3), s. 68(1), Sch. 1 para. 28
F3S. 9(c) repealed (14.10.1991) by Children Act 1989 (c. 41, SIF 20), s. 108(6)(7), Sch. 14 para. 27(4), Sch. 15; S.I. 1991/828 art. 3(2)
Marginal Citations
M11968 c. 34. (N.I.)
M31968 c. 34. (N.I.).
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