Page:Child Abduction Act 1984.pdf/5

4c. 37 5. Except by or with the consent of the Director of Public Prosecutions no prosecution shall be instituted for an offence of kidnapping if it was committed—
 * (a) against a child under the age of sixteen; and
 * (b) by a person connected with the child, within the meaning of section 1 above.

6.—(1) Subject to subsections (4) and (5) below, a person connected with a child under the age of sixteen years commits an offence if he takes or sends the child out of the United Kingdom—
 * (a) without the appropriate consent if there is in respect of the child—
 * (i) an order of a court in the United Kingdom awarding custody of the child to any person; or
 * (ii) an order of a court in England, Wales or Northern Ireland making the child a ward of court;
 * (b) if there is in respect of the child an order of a court in the United Kingdom prohibiting the removal of the child from the United Kingdom or any part of it.

(2) A person is connected with a child for the purposes of this section if—
 * (a) he is a parent or guardian of the child; or
 * (b) there is in force an order of a court in the United Kingdom awarding custody of the child to him (whether solely or jointly with any other person); or
 * (c) in the case of an illegitimate child, there are reasonable grounds for believing that he is the father of the child.

(3) In this section, the “appropriate consent” means—
 * (a) in relation to a child to whom subsection (1)(a)(i) above applies—
 * (i) the consent of each person
 * (a) who is a parent or guardian of the child; or
 * (b) to whom custody of the child has been awarded (whether solely or jointly with any other person) by an order of a court in the United Kingdom; or
 * (ii) the leave of that court;