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Report No. 263

Chapter III
Procedure for Application to Central Authority

8. Procedure for making application to Central Authority.

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

(2) Every application made under sub-section (1) shall be in such form as may be prescribed.

(3) The application under sub-section (1) shall be accompanied by-

(a) a duly authenticated copy of 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 any other competent authority of the contracting State in which that child has his or her habitual residence or from an attorney or 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.

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

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