Courts (No. 2) Act, 1986
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Enforcement of certain orders under Guardianship of Infants Act, 1964. |
5.— (1) In this section “the Act of 1964” means the Guardianship of Infants Act, 1964 , as amended by the Courts Act, 1981 , and the Age of Majority Act, 1985 . | |
(2) Without prejudice to the law as to contempt of court, where the District Court has made an order under section 7 or section 11 of the Act of 1964 containing a direction regarding— | ||
(a) the custody of an infant, or | ||
(b) the right of access to an infant, | ||
any, person having the actual custody of the infant who, having been given or shown a copy of the order and— | ||
(i) having been required, by or on behalf of a person to whom the custody of the infant is committed by the direction, to give up the infant to that person, or | ||
(ii) having been required, by or on behalf of a person entitled to access to the infant in accordance with the direction, to allow that person to have such access, | ||
fails or refuses to comply with the requirement shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding £200 or, at the discretion of the Court, to imprisonment for a term not exceeding six months or to both such fine and such imprisonment. | ||
(3) For the purposes of this section a person shall be deemed to have been given or shown a copy of an order made under section 7 or section 11 of the Act of 1964 if that person was present at the sitting of the Court at which such order was made. | ||
(4) The references in subsections (1) and (7) of section 8 of the Enforcement of Court Orders Act, 1940 , to an order shall be construed as including references to a maintenance order made under section 7 (6) or section 11 (2) (b) of the Act of 1964 and to a variation order made under section 12 of the Act of 1964. |