§ 43 — Power to order removal and placement of child upon unsuccessful adoption application

43.—(1) This section applies where an adoption application is unsuccessful.(2) The court may, upon an application of the Guardian‑in‑Adoption or on its own motion, order the person having physical custody of the child who is the subject of an unsuccessful adoption application to deliver the child to the physical custody of a suitable person recommended by the Guardian‑in‑Adoption within the time specified by the court.

(3) For the purposes of enforcing an order under subsection (2), the court may direct the bailiff to seize the child from the physical custody of any person or from any place and deliver the child to the physical custody of the suitable person mentioned in that subsection.

(4) The court may, upon the application of the Guardian‑in‑Adoption or on its own motion, make any order as it thinks fit (whether or not an order under subsection (2) has also been made) to facilitate any change in the physical custody of a child who is the subject of an unsuccessful adoption application.

(5) Any person who, without reasonable excuse, fails to comply with an order under subsection (2) shall be guilty of an offence and shall be liable on conviction —(a)

on the first conviction — to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 3 years or to both; or

(b)

on a second or subsequent conviction — to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 6 years or to both.

(6) In this section, a reference to an adoption application that is unsuccessful is a reference to an adoption application that is withdrawn, struck out or dismissed by the court.

—(1) This section applies where an adoption application is unsuccessful.

(2) The court may, upon an application of the Guardian‑in‑Adoption or on its own motion, order the person having physical custody of the child who is the subject of an unsuccessful adoption application to deliver the child to the physical custody of a suitable person recommended by the Guardian‑in‑Adoption within the time specified by the court.

(3) For the purposes of enforcing an order under subsection (2), the court may direct the bailiff to seize the child from the physical custody of any person or from any place and deliver the child to the physical custody of the suitable person mentioned in that subsection.

(4) The court may, upon the application of the Guardian‑in‑Adoption or on its own motion, make any order as it thinks fit (whether or not an order under subsection (2) has also been made) to facilitate any change in the physical custody of a child who is the subject of an unsuccessful adoption application.

(5) Any person who, without reasonable excuse, fails to comply with an order under subsection (2) shall be guilty of an offence and shall be liable on conviction —(a)

on the first conviction — to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 3 years or to both; or

(b)

on a second or subsequent conviction — to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 6 years or to both.

(6) In this section, a reference to an adoption application that is unsuccessful is a reference to an adoption application that is withdrawn, struck out or dismissed by the court.