Section 138 Child abduction: Northern IrelandI1

Northern Ireland Not yet in force

(1)

The Child Abduction (Northern Ireland) Order 1985 (S.I. 1985/1638 (N.I. 17)) is amended as set out in subsections (2) and (3).

(2)

In Article 3 (offence of abduction of child by parent etc)—

(a)

after paragraph (1) insert—

“(1A)

Subject to paragraphs (2A) to (3A) and (7), a person connected with a child under the age of 16 commits an offence if—

(a)

the child is taken or sent out of the United Kingdom with the appropriate consent, and

(b)

at any time after the child is taken or sent, the person detains the child outside the United Kingdom without the appropriate consent.”;

(b)

in paragraph (2A)—

(i)

in the words before sub-paragraph (a), after “United Kingdom” insert “, or by detaining a child outside the United Kingdom,”;

(ii)

in sub-paragraph (b) (before its substitution by paragraph 4(3) of Schedule 3 to the 2022 Act), after “United Kingdom” insert “, or detains the child outside the United Kingdom,”;

(iii)

in each of sub-paragraphs (a) and (b) (as substituted by paragraph 4(3) of Schedule 3 to the 2022 Act), after “United Kingdom” insert “, or detains the child outside the United Kingdom,”;

(c)

in paragraph (2B), after “United Kingdom” insert “, or detaining the child outside the United Kingdom,”;

(d)

in paragraph (3A), in paragraph (b) after “out of the United Kingdom” insert “, or detaining the child outside the United Kingdom,”.

(3)

In the Schedule (modifications of Article 3 for children in certain cases), in each of the following provisions after “paragraph (1)” insert “or (1A)”—

(a)

paragraph 1(2)(a);

(b)

paragraph 3(2)(a) (before its substitution by paragraph 5(2) of Schedule 3 to the 2022 Act);

(c)

paragraph 3(2)(a) (as substituted by paragraph 5(2) of Schedule 3 to the 2022 Act);

(d)

paragraph 4(2)(a).

(4)

The amendments made by this section apply only in cases where the taking or sending of the child out of the United Kingdom takes place on or after the date on which this section comes into force.

(5)

In this section “the 2022 Act” means the Adoption and Children Act (Northern Ireland) 2022 (c. 18 (N.I.)).

Annotations

Commencement

I1: S. 138 not in force at Royal Assent, see s. 255(8)(l)