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Report No. 263

2. Definitions

In this Act, unless the context otherwise requires,-

(a) "applicant" means any person who, pursuant to the Convention, files an application with the Central Authority or a Central Authority of any other State party to the Convention for the return of a child alleged to have been wrongfully removed or retained, or for arrangements for organising or securing the effective exercise of rights of access pursuant to the said Convention;

(b) "Central Authority" means the Central Authority constituted under section 4;

(c) "Contracting State" means a State signatory to the Hague Convention on the Civil Aspects of International Child Abduction;

(d) "Convention" means the Hague Convention on the Civil Aspects of International Child Abduction which was signed at the Hague on the 25th October, 1980, as set out in the Schedule;

(e) "Chairperson" means the Chairperson of the Central Authority;

(f) "habitual residence" of a child is the place where the child resided with both parents; or, if the parents are living separately and apart, with one of the parent under a separation agreement or with the implied consent of the other parent or under a court order; or with a person other than a parent on a permanent basis for a significant period of time, whichever occurred last.

(g) "member" means a member of the Central Authority and includes the Chairperson;

(h) "prescribed" means prescribed by rules made under this Act;

(i) "right of access" in relation to a child includes the right to take a child for a limited period of time to a place other than the child's habitual residence;

(j) "right of custody" in relation to a child includes the right to take care of the person of the child, to make long-term decisions about child's development and well-being and, in particular, to determine the child's place of residence.



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




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