Section 34 Power to order recovery of child.

England, Wales and Northern Ireland

(1)

Where—

(a)

a person is required by a F1Part I order, or an order for the enforcement of a Part I order, to give up a child to another person (“the person concerned”), and

(b)

the court which made the order imposing the requirement is satisfied that the child has not been given up in accordance with the order,

the court may make an order authorising an officer of the court or a constable to take charge of the child and deliver him to the person concerned.

(2)

The authority conferred by subsection (1) above includes authority—

(a)

to enter and search any premises where the person acting in pursuance of the order has reason to believe the child may be found, and

(b)

to use such force as may be necessary to give effect to the purpose of the order.

(3)

Where by virtue of—

F2(a)

section 14 of the Children Act 1989

F3(b)

Article 14 (enforcement of residence orders) of the Children (Northern Ireland) Order 1995,

a Part I order (or a provision of a Part I order) may be enforced as if it were an order requiring a person to give up a child to another person, subsection (1) above shall apply as if the Part I order had included such a requirement.

(4)

This section is without prejudice to any power conferred on a court by or under any other enactment or rule of law.

Annotations

Textual amendments

F1: Words in s. 34(1)(a)(3) substituted (14.10.1991) by Children Act 1989 (c. 41, SIF 20), s. 108, Sch. 13 para. 62(2)(a) (with Sch. 14 para. 1(1)); S.I. 1991/828, art. 3(2)
F2: S. 34(3)(a) substituted (14.10.1991) by Children Act 1989 (c. 41, SIF 20), s. 108, Sch. 13 para. 70 (with Sch. 14 para. 1(1)); S.I. 1991/828, art. 3(2)
F3: S. 34(3)(b) substituted (4.11.1996) by S.I. 1995/756, art. 12(3); S.R. 1996/297, para. 3

Notes on Part I

Modifications

C1: Pt. I applied by S.I. 1991/1723, art. 3(2), Sch. 2 and art. 3(3), Sch. 3.