Children Act 1975
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Change 1
42 Return of child taken away in breach of section 41.
(1) An authorised court may on the application of a person from whose actual custody a child has been removed in breach of section 41 order the person who has so removed the child to return the child to the applicant. (2) An authorised court may on the application of a person who has reasonable grounds for believing that another person is intending to remove a child from the applicant’s actual custody in breach of section 41 by order direct that other person not to remove the child from the applicant’s custody in breach of that section. (3) If, in the case of an order made by the High Court under subsection (1), the High Court or, in the case of an order made by a county court under subsection (1), a county court is satisfied that the child has not been returned to the applicant, the court may make an order authorising an officer of the court to search such premises as may be specified in the order for the child and, if the officer finds the child, to return the child to the applicant. (4) If a justice of the peace is satisfied by information on oath that there are reasonable grounds for believing that a child to whom an order under subsection (1) relates is in premises specified in the information, he may issue a search warrant authorising a constable to search the premises for the child; and if a constable acting in pursuance of a warrant under this section finds the child, he shall return the child to the person on whose application the order under subsection (1) was made. (5) An order under subsection (3) may be enforced in like manner as a warrant for committal.
42 Return of child taken away in breach of section 41.
(1) An authorised court may on the application of a person from whose actual custody a child has been removed in breach of section 41 order the person who has so removed the child to return the child to the applicant. (2) An authorised court may on the application of a person who has reasonable grounds for believing that another person is intending to remove a child from the applicant’s actual custody in breach of section 41 by order direct that other person not to remove the child from the applicant’s custody in breach of that section. (3) If, in the case of an order made by the High Court under subsection (1), the High Court or, in the case of an order made by a county court under subsection (1), a county court is satisfied that the child has not been returned to the applicant, the court may make an order authorising an officer of the court to search such premises as may be specified in the order for the child and, if the officer finds the child, to return the child to the applicant. (4) If a justice of the peace is satisfied by information on oath that there are reasonable grounds for believing that a child to whom an order under subsection (1) relates is in premises specified in the information, he may issue a search warrant authorising a constable to search the premises for the child; and if a constable acting in pursuance of a warrant under this section finds the child, he shall return the child to the person on whose application the order under subsection (1) was made. (5) An order under subsection (3) may be enforced in like manner as a warrant for committal.
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