§ 'A court in which an application for custody of a child is pending may—
- (a) on the application of a person from whose custody the child has been removed in breach of section 49, order the person who has so removed the child to return the child to the applicant;
- (b) on the application of a person who has reasonable grounds for believing that another person is intending to remove the child from the applicant's custody in breach of section 49, by order direct that other person not to remove the child from the applicant's custody in breach of that section.'—[Mr. McElhone.]
§ Brought up, and read the First time.
1337§ Mr. McElhoneI beg to move, That the clause be read a Second time.
The clause makes provision for the court in Scotland to order the return of a child taken away from the possession of a person who has applied for custody in terms of Clause 49. It refers to a person who has had the care and possession of a child for at least three years before making the application. The clause is equivalent to Clause 40—a provision which was introduced in Committee—relating to applications for custodianship in England and Wales.
The clause provides that on due application having been made by the person from whose custody the child has been removed—or is believed to be in danger of removal—the court can either order the return of the child to the applicant, or, where the applicant has reasonable grounds for believing that someone intends to remove the child, can order that the child shall not be removed.
The purpose for which the provisions are to be included in Part II of the Bill in relation to Scotland concerns the powers of redress of a person from whom a child is removed in breach of Clause 49. Removal of a child in these circumstances is made a criminal offence and it is clearly desirable that the offence should be capable of rectification without the need to await the outcome of a criminal prosecution.
§ Question put and agreed to.
§ Clause read a Second time, and added to the Bill.