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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


(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.