Article 4 Offence of abduction of child by other persons

Northern Ireland

(1)

Subject toF1 paragraph (3), a person, other than one mentioned in paragraph (2), commits an offence if, without lawful authority or reasonable excuse, he takes or detains a child under the age of 16—

(a)

so as to remove him from the lawful control of any person having lawful control of the child; or

(b)

so as to keep him out of the lawful control of any person entitled to lawful control of the child.

(2)

The persons are—

(a)

where the father and mother of the child in question were married to F2, or civil partners of, each other at the time of his birth, the child's father and mother;

(b)

where the father and mother of the child in question were not married to F3, or civil partners of, each other at the time of his birth, the child's mother; and

(c)

any other person mentioned in sub-paragraphs (c) to (e) of Article 3(2).

(3)

In proceedings against any person for an offence under this Article, it shall be a defence for that person to prove—

(a)

where the father and mother of the child in question were not married to F4, or civil partners of, each other at the time of his birth—

(i)

that he is the child's father; or

(ii)

that, at the time of the alleged offence, he believed, on reasonable grounds, that he was the child's father; or

(b)

that, at the time of the alleged offence, he believed that the child had attained the age of 16.

Annotations

Textual amendments

F1: 1995 NI 2
F2: Words in art. 4(2)(a) inserted (13.1.2020) by The Marriage (Same-sex Couples) and Civil Partnership (Opposite-sex Couples) (Northern Ireland) Regulations 2019 (S.I. 2019/1514), regs. 1(2), 34(4)(a) (with regs. 6-9)
F3: Words in art. 4(2)(b) inserted (13.1.2020) by The Marriage (Same-sex Couples) and Civil Partnership (Opposite-sex Couples) (Northern Ireland) Regulations 2019 (S.I. 2019/1514), regs. 1(2), 34(4)(a) (with regs. 6-9)
F4: Words in art. 4(3)(a) inserted (13.1.2020) by The Marriage (Same-sex Couples) and Civil Partnership (Opposite-sex Couples) (Northern Ireland) Regulations 2019 (S.I. 2019/1514), regs. 1(2), 34(4)(b) (with regs. 6-9)