Children Act 1975
1975 c. 72
An Act to make further provision for children.
[12th November 1975]
Annotations: | |
Modifications etc. (not altering text) | |
C1 | Act repealed (E.W.)(N.I.) (14.10.1991) by Children Act 1989 (c. 41, SIF 20), s. 108, Sch. 15 (with Sch. 14 para. 1(1), 27(4) and a saving for s. 68(4)(5) and (7) in Sch. 14 para. 38(a)); S.I. 1991/828, art. 3(2) |
Commencement Information | |
I1 | Act in force at Royal Assent |
Part I
1 — 32. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1
Annotations: | |
Amendments (Textual) | |
F1 | Pt. I (Ss. 1 – 32) repealed (S.) by Adoption (Scotland) Act 1978 (c. 28, SIF 49:11), s. 66, Sch. 2 para. 3(5), Sch. 4 and repealed (E.W.) by Adoption Act 1976 (c. 36, SIF 49:11), s. 74(2), Sch. 4 |
Part II
Custody
Annotations: | |
Modifications etc. (not altering text) | |
C2 | Pt. II (Ss. 33 – 55) modified (E.W.) by Domestic Proceedings and Magistrates' Courts Act 1978 (c. 22, SIF 49:3), ss. 8(3), 12, Sch. 1 |
C3 | Pt II (Ss. 33 – 55) amended (E.W.) by Family Law Reform Act 1987 (c. 42, SIF 49:7), s. 2(1)(e) |
Custodianship orders
33. (2) An order under subsection (1) may be referred to as a custodianship order, and the person in whom legal custody of the child is vested under the order may be referred to as the custodian of the child. (3) The persons qualified to apply for a custodianship order are — (4) The mother or father of the child is not qualified under…
Custodianship orders.
— (1) An authorised court may on the application of one or more persons qualified under subsection (3) make an order vesting the legal custody of a child in the applicant or, as the case may be, in one or more of the applicants . . . F2 (a)
a relative or step-parent of the child — (i) who applies with the consent of a person having legal custody of the child, and (ii) with whom the child has had his home for the three months preceding the making of the application;
(b)
any person — (i) who applies with the consent of a person having legal custody of the child, and (ii) with whom the child has had his home for a period or periods before the making of the application which amount to at least twelve months and include the three months preceding the making of the application;
(c)
any person with whom the child has had his home for a period or periods before the making of the application which amount to at least three years and include the three months preceding the making of the application.