SCHEDULES

SCHEDULE 12 Minor Amendments

The Child Abduction Act 1984 (c. 37)

I138

1

In section 2 of that Act (offence of abduction of child by other persons), in subsection (1) for the words from “Subject" to “above" there shall be substituted “ Subject to subsection (3) below, a person, other than one mentioned in subsection (2) below." ”

2

For subsection (2) of that section there shall be substituted—

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 section 1(2)(c) to (e) above.

3

In proceedings against any person for an offence under this section, 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 sixteen.