Section 13 of the Children Act 1989

Current version (as amended)

Section 13 of the Children Act 1989 ↗, as it currently stands (that is — with any amendments), is as follows:

Change of child’s name or removal from jurisdiction
  1. (1)  

    Where a child arrangements order to which subsection (4) applies is in force with respect to a child, no person may —

    without either the written consent of every person who has parental responsibility for the child or the leave of the court.

  2. (2)  

    Subsection (1)(b) does not prevent the removal of a child, for a period of less than one month, by a person named in the child arrangements order as a person with whom the child is to live.

  3. (3)  

    In making a child arrangements order to which subsection (4) applies, the court may grant the leave required by subsection (1)(b), either generally or for specified purposes.

  4. (4)  

    This subsection applies to a child arrangements order if the arrangements regulated by the order consist of, or include, arrangements which relate to either or both of the following —

    1. (a)  with whom the child concerned is to live, and
    2. (b)  when the child is to live with any person.
Meaning of terms

Certain terms in the Children Act 1989 have a specific meaning which is defined in the Act:

  • Child” means, subject to paragraph 16 ↗ of Schedule 1 ↗, a person under the age of 18.
  • Child Arrangements Order” means an order regulating arrangements relating to any of the following —

    — under section 8.

  • Parental responsibility” means all the rights, duties, powers, responsibilities and authority which by law a parent of a child has in relation to the child and his property (as defined in section 3 ↗).

Enacted version

Section 13 of the Children Act 1989 ↗, as originally made (that is — without any amendments), is as follows:

Change of child’s name or removal from jurisdiction
  1. (1)  

    Where a residence order is in force with respect to a child, no person may —

    without either the written consent of every person who has parental responsibility for the child or the leave of the court.

  2. (2)  

    Subsection (1)(b) does not prevent the removal of a child, for a period of less than one month, by the person in whose favour the residence order is made.

  3. (3)  

    In making a residence order with respect to a child the court may grant the leave required by subsection (1)(b), either generally or for specified purposes.

Meaning of terms

Certain terms in the Children Act 1989 have a specific meaning which is defined in the Act:

  • Child” means, subject to paragraph 16 ↗ of Schedule 1 ↗, a person under the age of 18.
  • Parental responsibility” means all the rights, duties, powers, responsibilities and authority which by law a parent of a child has in relation to the child and his property (as defined in section 3 ↗).
  • Residence Order” means an order settling the arrangements to be made as to the person with whom a child is to live, under section 8.

Amendments and commencement

The following parts of section 13:

— were inserted by paragraph 22 ↗ of Schedule 2 ↗ to the Children and Families Act 2014 ↗, and came into force on 22nd April 2014.  (The Children and Families Act 2014 (Commencement No. 2) Order 2014 ↗

The definition of “Child Arrangements Order” was inserted by subsection 12(3) ↗ of the Children and Families Act 2014 ↗, and came into force on 22nd April 2014.  (The Children and Families Act 2014 (Commencement No. 2) Order 2014 ↗

All other parts of section 13 came into force on 14th October 1991.  (The Children Act 1989 (Commencement and Transitional Provisions) Order 1991 ↗)

Extent

Section 13 of the Children Act extends to England & Wales only.