The Children (Northern Ireland) Order 1995

121.—(1) Article 3 (offence of abduction of child by parent, etc.) shall be amended as follows.

(2) In paragraph (1), for “(3)” substitute “(2A) to (3A)”.

(3) For paragraph (2) substitute the following paragraphs—

“(2) A person is connected with a child for the purposes of this Article if—

(a)he is a parent of the child; or

(b)in the case of a child whose parents were not married to each other at the time of his birth, there are reasonable grounds for believing that he is the father of the child; or

(c)he is a guardian of the child; or

(d)he is a person in whose favour a residence order is in force with respect to the child; or

(e)he has custody of the child.

(2A) A person does not commit an offence under this Article by taking or sending a child out of the United Kingdom without obtaining the appropriate consent if—

(a)he is a person in whose favour there is a residence order in force with respect to the child, and

(b)he takes or sends him out of the United Kingdom for a period of less than one month.

(2B) Paragraph (2A) does not apply if the person taking or sending the child out of the United Kingdom does so in breach of an order under Part III of the Children (Northern Ireland) Order 1995.”.

(4) For the words in paragraph (3) from “but sub-paragraph (c)” to “1886” substitute the following paragraph—

“(3A) Paragraph (3)(c) does not apply if—

(a)the person who refused to consent is a person—

(i)in whose favour there is a residence order in force with respect to the child; or

(ii)who has custody of the child; or

(b)the person taking or sending the child out of the United Kingdom is, by so acting, in breach of an order made by a court in the United Kingdom.”.

(5) For paragraphs (5) and (6) substitute the following paragraph—

“(5) In this Article—

“the appropriate consent”, in relation to a child, means—

“guardian of a child”, “residence order” and “parental responsibility” have the same meaning as in the Children (Northern Ireland) Order 1995;

and for the purposes of this Article a person shall be treated as having custody of a child if there is in force an order of a court in the United Kingdom awarding him (whether solely or jointly with another person) custody, legal custody or care and control of a child.”.

(6) In paragraph (7), for “received into or committed to the care of the Department of Health and Social Services” substitute “in the care of an authority (within the meaning of the Children (Northern Ireland) Order 1995)”.