{
  "url": "https://openlegislation.uk/child-abduction-act-1984/section-2",
  "json_url": "https://openlegislation.uk/child-abduction-act-1984/section-2.json",
  "legislation": "ukpga/1984/37",
  "legislation_title": "Child Abduction Act 1984",
  "legislation_url": "https://openlegislation.uk/child-abduction-act-1984",
  "path": "section/2",
  "kind": "section",
  "number": "2",
  "heading": "Offence of abduction of child by other persons.",
  "text": "(1) Subject to subsection (3) below, a person, other than one mentioned in subsection (2) below. commits an offence if, without lawful authority or reasonable excuse, he takes or detains a child under the age of sixteen—\n(a) so as to remove him from the lawful control of any person having lawful control of the child; or\n(b) so as to keep him out of the lawful control of any person entitled to lawful control of the child.\n(2) The persons are—\n(a) where the father and mother of the child in question were married to, or civil partners of, each other at the time of his birth, the child’s father and mother;\n(b) where the father and mother of the child in question were not married to, or civil partners of, each other at the time of his birth, the child’s mother; and\n(c) any other person mentioned in section 1(2)(c) to (e) above.\n(3) In proceedings against any person for an offence under this section, it shall be a defence for that person to prove—\n(a) where the father and mother of the child in question were not married to, or civil partners of, each other at the time of his birth—\n(i) that he is the child’s father; or\n(ii) that, at the time of the alleged offence, he believed, on reasonable grounds, that he was the child’s father; or\n(b) that, at the time of the alleged offence, he believed that the child had attained the age of sixteen.",
  "extent": "E+W",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "F",
      "label": "F1",
      "text": "Words in s. 2(1) substituted (14.10.1991) by Children Act 1989 (c. 41, SIF 20), s. 108(4), Sch. 12 para. 38(1) (with Sch. 14 para. 1(1)); S.I. 1991/828, art. 3(2)"
    },
    {
      "type": "F",
      "label": "F2",
      "text": "S. 2(2)(3) substituted (14.10.1991)by Children Act 1989 (c. 41, SIF 20), s. 108(4), Sch. 12 para. 38(2) (with Sch. 14 para. 1(1)); S.I. 1991/828, art. 3(2)"
    },
    {
      "type": "F",
      "label": "F3",
      "text": "Words in s. 2(2)(a) inserted (2.12.2019) by The Civil Partnership (Opposite-sex Couples) Regulations 2019 (S.I. 2019/1458), reg. 1(2), Sch. 3 para. 9(b)"
    },
    {
      "type": "F",
      "label": "F4",
      "text": "Words in s. 2(2)(b) inserted (2.12.2019) by The Civil Partnership (Opposite-sex Couples) Regulations 2019 (S.I. 2019/1458), reg. 1(2), Sch. 3 para. 9(b)"
    },
    {
      "type": "F",
      "label": "F5",
      "text": "Words in s. 2(3)(a) inserted (2.12.2019) by The Civil Partnership (Opposite-sex Couples) Regulations 2019 (S.I. 2019/1458), reg. 1(2), Sch. 3 para. 9(b)"
    },
    {
      "type": "C",
      "label": "C1",
      "text": "S. 2 excluded (14.10.1991) by Children Act 1989 (c. 41, SIF 20), s. 51(7)(d), (with Sch. 14 para 1(1)); S.I. 1991/828, art. 3(2)"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/ukpga/1984/37/section/2",
    "retrieved_at": "2026-10-29T10:02:06.977456+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}