Part I
- (ii) to whom custody of the child has been awarded (whether solely or jointly with any other person) by an order of a court in England or Wales; or
- (b) if the child is the subject of such a custody order, the leave of the court which made the order; or
- (c) the leave of the court granted on an application for a direction under section 7 of the 1971 c. 3.
1973 c. 29.Guardianship of Minors Act 1971 or section 1(3) of the Guardianship Act 1973.
(4) In the case of a custody order made by a magistrates’ court, subsection (3)(b) above shall be construed as if the reference to the court which made the order included a reference to any magistrates’ court acting for the same petty sessions area as that court.
(5) A person does not commit an offence under this section by doing anything without the consent of another person whose consent is required under the foregoing provisions if—
- (a) he does it in the belief that the other person—
- (i) has consented; or
- (ii) would consent if he was aware of all the relevant circumstances; or
- (b) he has taken all reasonable steps to communicate with the other person but has been unable to communicate with him; or
- (c) the other person has unreasonably refused to consent,
but paragraph (c) of this subsection does not apply where what is done relates to a child who is the subject of a custody order made by a court in England or Wales, or where the person who does it acts in breach of any direction under section 7 of the Guardianship of Minors Act 1971 or section 1(3) of the Guardianship Act 1973.
(6) Where, in proceedings for an offence under this section, there is sufficient evidence to raise an issue as to the application of subsection (5) above, it shall be for the prosecution to prove that that subsection does not apply.
(7) In this section—
- (a) “guardian” means a person appointed by deed or will or by order of a court of competent jurisdiction to be the guardian of a child; and
- (b) a reference to a custody order or an order awarding custody includes a reference to an order awarding legal custody and a reference to an order awarding care and control.
