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Report No. 263

Chapter III
Procedure for Application to Central Authority

7. (1) The appropriate authority of a Contracting State, or a person, institution or other body claiming that a child has been wrongfully removed to or retained in India in breach of rights of custody, may apply to the Central Authority for assistance in securing the return of such child.

(2) Every application made under Sub-section (1) shall substantially be in the form prescribed in the rules to this Act.

(3) The application under Sub-section (1) may be accompanied by -

(a) A duly authenticated copy of any relevant decision or agreement giving rise to the rights of custody claimed to have been breached;

(b) A certificate or affidavit from a Central Authority or other competent authority of the Contracting State in which that child has his or her habitual residence or from a qualified person setting out the law of that Contracting State relating to the rights of custody alleged to have been breached;

(c) Any other relevant document.

8. Where, on receipt of an application under Section 6, the Central Authority has reason to believe that the child in respect of whom the application is made is in another Contracting State, it shall forthwith transmit the application to the appropriate authority of that Contracting State, and shall accordingly inform the appropriate authority or the applicant, as the case may be.

9. Where the Central Authority is requested to provide information relating to a child under Section 5 (d), it may request a police officer to make a report to it in writing with respect to any matter relating to the child that appears to it to be relevant.

Protection of Children (Inter-Country Removal and Retention) Bill, 2016 Back

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