104Power of police officer to enforce order by removing child

104 Power of police officer to enforce order by removing child

[Section 104 Substituted by No. 64 of 2013, s. 40, Applied:01 Oct 2016]

(1)  For the purposes of enforcing any order of the Court, an authorised police officer may, after obtaining a warrant, remove from any place a child who is under the guardianship, or in the custody, of any person (including the Secretary) using such force (including breaking into premises) as is reasonably necessary for that purpose.

(2)  A magistrate may issue a warrant for the purposes of subsection (1) if the magistrate is satisfied that –

(a) reasonable steps have been taken to remove the child without a warrant and without using force and those steps have been unsuccessful; or

(b) there are reasonable grounds for concern for the safety of the child.