While an application for an adoption order is pending in a case where a parent or guardian of the child has agreed to the making of the adoption order (whether or not he knows the identity of the applicant), the parent or guardian is not entitled, against the will of the person with whom the child has his home, to remove the child from the home of that person except with the leave of the court.
While an application is pending for an order freeing a child for adoption and—
(a) the child is in the care of the adoption agency making the application, and
(b) the application was not made with the consent of each parent or guardian of the child,
no parent or guardian of the child is entitled, against the will of the person with whom the child has his home, to remove the child from the home of that person except with the leave of the court.
For the purposes of subsection (2) a child is in the care of an adoption agency if the adoption is a local authority and he is in their care.
Any person who contravenes subsection (1) or (2) shall be guilty of an offence and liable on summary conviction to imprisonment for a term not exceeding 3 months or a fine not exceeding level 5 on the standard scale or both.
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