Report No. 263

3. Wrongful removal or retention

(1) For the purposes of this Act, the removal to or the retention in India of a child is to be considered a wrongful act where -

(a) such an act is in breach of rights of custody attributed to a person, an institution or any other body, either jointly or alone, under the law of the Contracting State in which the child was habitually resident immediately before the removal or retention; and

(b) at the time of removal or retention those rights were actually exercised, either jointly or alone, by a person, an institution or any other body, or shall have been so exercised, but for the removal or retention.

(2) The rights of custody specified in the Act, may arise in particular-

(a)by operation of law; or

(b)by reason of judicial or administrative decision; or

(c) by reason of an agreement having legal effect under the law of the Contracting State in which the child was habitually resident immediately before the removal or retention.