{
  "url": "https://openlegislation.uk/magistrates-courts-child-abduction-and-custody-rules-1986/note",
  "json_url": "https://openlegislation.uk/magistrates-courts-child-abduction-and-custody-rules-1986/note.json",
  "legislation": "uksi/1986/1141",
  "legislation_title": "The Magistrates' Courts (Child Abduction and Custody) Rules 1986",
  "legislation_url": "https://openlegislation.uk/magistrates-courts-child-abduction-and-custody-rules-1986",
  "path": "note",
  "kind": "note",
  "number": null,
  "heading": "Explanatory note",
  "text": "These Rules make provision for the procedure to be followed in magistrates' courts in consequence of the Child Abduction and Custody Act 1985 which comes into force on 1st August 1986, by virtue of the Child Abduction and Custody Act 1985 (Commencement) Order 1986 (S.I. 1986/1048). The Act incorporates into the law of the United Kingdom the Convention on the Civil Aspects of Child Abduction done at the Hague on 25th October 1980 (Cmnd. 8281) and the European Convention on Recognition and Enforcement of Decisions concerning Custody of Children and on Registration of Custody of Children, done at Luxembourg on 20th May 1980 (Cmnd. 8155). The main effect of these Conventions on magistrates' courts is to restrict their powers to deal with certain pending custody proceedings where an application has been made under either Convention in respect of a child.\nRules 3–6 make provision for a magistrates' court to notify the parties to such proceedings of an application having been made in the High Court or Court of Session under the Hague Convention, and of the effect of such an application on the proceedings which are pending in the magistrates' court. Rule 7 provides for notice to be given by a magistrates' court of proceedings brought under the European Convention. Rule 8 provides for the provision by the clerk of the court of an authenticated copy of a decision of a magistrates' court relating to a child who is the subject of proceedings under the Hague Convention. Under Rule 9 provision is made for an application made for the purposes of the European Convention for a declaration that the removal of a child from the United Kingdom has been unlawful to be made in a magistrates' court either orally or in writing in the course of custody proceedings.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/1986/1141/note",
    "retrieved_at": "2026-10-29T16:45:33.013771+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."
}