Children's Act, 2005 (Act No. 38 of 2005)

Chapter 7 : Protection of Children

Part 4 : Other protective measures

138. Unlawful removal or detention of child

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(1)No person may without lawful authority or reasonable grounds—
(a)remove a child from the care of a person who lawfully cares for the child; or
(b)detain a child with the result that the child is kept out of the care of a person entitled to lawfully care for the child.

 

(2)For the purposes of subsection (1) a person must be regarded as detaining a child if that person—
(a)causes the child to be detained; or
(b)induces the child to remain with him or her or any other person.