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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.



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




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