Claim of Right

Claim of Right this is a defence to a charge of Child Stealing.

Section 63 of the Crimes Act 1958 creates 3 different child stealing offences. It also provides a defence to a child stealing charge in that the mother, the father of an illegitimate child, or a person who has claimed a right to the possession of a child cannot be found guilty of the offence of child stealing.

s.63 (1)

No person who has claimed any right to the possession of such child, or is the mother or has claimed to be the father of an illegitimate child, shall be liable to be prosecuted under this or the next succeeding subsection on account of the getting possession of such child or taking such child out of the possession of any person having the lawful care or charge thereof.