Children Act 1975
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Change 1
43 Enforcement of orders made by magistrates’ courts.
(1) If at a time when the custodian is entitled to actual custody of the child by virtue of a custodianship order made by a magistrates’ court any other person has actual custody of him, a copy of the custodianship order may be served on that person and thereupon the order may, without prejudice to any other remedy open to the custodian, be enforced under section 63(3) of the Magistrates’ Courts Act 1980 as if it were an order of a magistrates’ court requiring that person to give up the child to the custodian. (2) Any person for the time being under an obligation to make payments in pursuance of any order for the payment of money made by a magistrates’ court under section 34 shall give notice of any change of address to such person (if any) as may be specified in the order; and if he fails without reasonable excuse to give such a notice he commits an offence and shall be liable on summary conviction to a fine not exceeding level 2 on the standard scale. (3) An order for the payment of money made by a magistrates’ court under section 34 shall be enforceable as a magistrates’ court maintenance order within the meaning of section 150(1) of the Magistrates’ Courts Act 1980. (3) An order for the payment of money made by a magistrates’ court under section 34 may be enforced in like manner as an affiliation order, and the enactments relating to affiliation orders shall apply accordingly with the necessary modifications.
43 Enforcement of orders made by magistrates’ courts.
(1) If at a time when the custodian is entitled to actual custody of the child by virtue of a custodianship order made by a magistrates’ court any other person has actual custody of him, a copy of the custodianship order may be served on that person and thereupon the order may, without prejudice to any other remedy open to the custodian, be enforced under section 63(3) of the Magistrates’ Courts Act 1980 as if it were an order of a magistrates’ court requiring that person to give up the child to the custodian. (2) Any person for the time being under an obligation to make payments in pursuance of any order for the payment of money made by a magistrates’ court under section 34 shall give notice of any change of address to such person (if any) as may be specified in the order; and if he fails without reasonable excuse to give such a notice he commits an offence and shall be liable on summary conviction to a fine not exceeding level 2 on the standard scale. (3) An order for the payment of money made by a magistrates’ court under section 34 shall be enforceable as a magistrates’ court maintenance order within the meaning of section 150(1) of the Magistrates’ Courts Act 1980. (3) An order for the payment of money made by a magistrates’ court under section 34 may be enforced in like manner as an affiliation order, and the enactments relating to affiliation orders shall apply accordingly with the necessary modifications.
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