SCHEDULES

SCHEDULE 9AMENDMENTS

The Child Abduction (Northern Ireland) Order 1985 (NI 17)

122

1

Article 4 (offence of abduction of child by other persons) shall be amended as follows.

2

In paragraph (1), for “paragraph (2), a person not falling within Article 3(2)(a) or (b)” substitute “paragraph (3), a person, other than one mentioned in paragraph (2),”.

3

For paragraph (2) substitute the following paragraphs—

2

The persons are—

a

where the father and mother of the child in question were married to each other at the time of his birth, the child’s father and mother;

b

where the father and mother of the child in question were not married to each other at the time of his birth, the child’s mother; and

c

any other person mentioned in sub-paragraphs (c) to (e) of Article 3(2).

3

In proceedings against any person for an offence under this Article, it shall be a defence for that person to prove—

a

where the father and mother of the child in question were not married to each other at the time of his birth—

i

that he is the child’s father; or

ii

that, at the time of the alleged offence, he believed, on reasonable grounds, that he was the child’s father; or

b

that, at the time of the alleged offence, he believed that the child had attained the age of 16.