# Children Act 1975, Section 87: Actual custody.


(1) A person has actual custody of a child if he has actual possession of his person, whether or not that possession is shared with one or more persons.
(2) While a person not having legal custody of a child has actual custody of the child he has the like duties in relation to the child as a custodian would have by virtue of his legal custody.
(3) In this Act, unless the context otherwise requires, references to the person with whom a child has his home refer to the person who, disregarding absence of the child at a hospital or boarding school and any other temporary absence, has actual custody of the child.

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Source: https://www.legislation.gov.uk/ukpga/1975/72/section/87 (the official version)
Page: https://openlegislation.uk/children-act-1975/section-87
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.