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Report No. 263

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

Contents
The Protection of Children (Inter-Country Removal and Retention) Bill, 2016
1. Background
2. Introduction
3. Some Judgements of The Supreme Court of India
4. Judgements of Supreme Courts of Canada, United Kingdom and United States of America
5. Domestic Violence Impacting Children
6. Salient Features of The Hague Convention, 1980
7. Initiatives of the Government of India
8. Child Abduction Distinguished from Inter-Country Removal of Children
9. Recommendations
Annexure-I Comparative Statement showing the provisions of the draft Bill placed on the website of Ministry of Women and Child Development (WCD) and the Revised Bill recommended by the Law Commission of India
The Civil Aspects of International Child Abduction Bill, 2016
The Civil Aspects of International Child Abduction Bill, 2016
Chapter I Preliminary
Chapter II Constitution, Powers and Functions of the Central Authority
Chapter III Procedure for Application to Central Authority
Chapter IV Refusal by Central Authority to accept Applications
Chapter V Procedure for Application to High Courts
Chapter VI Application in respect of child removed from India
Chapter VII Rights of Access
Chapter VIII Miscellaneous
Annexure-II The Protection of Children (Inter-Country Removal and Retention) Bill, 2016
The Protection of Children (Inter-Country Removal and Retention) Bill, 2016
Chapter I Preliminary
1. Short title, extent, application and commencement
2. Definitions
3. Wrongful removal or retention
Chapter II Constitution, Powers and Functions of the Central Authority
4. Constitution of Central Authority
5. Appointment of officers and other staff of Central Authority
6. Functions of Central Authority
7. Powers of Central Authority
Chapter III Procedure for Application to Central Authority
8. Procedure for making application to Central Authority
9. Transfer of applications to contracting State
10. Calling Report from Police
Chapter IV Refusal by Central Authority to accept Applications
11. Refusal by Central Authority to accept Applications
12. Additional Information
13. Appeal to Central Government
Chapter V Procedure for Application to High Courts
14. Power of Central Authority to apply to the High Court
15. Interim Order by High Courts
16. Power of High Courts to return child to contracting State
17. Possible exceptions to the return of the child
18. Rights of access of person, institution or any other body to a child in India
19. Application to the High Court for exercise of rights of access of any person to a child in India
20. Relaxation of requirements of proof of foreign law
21. Costs
22. Adjudication not to cover determination of custody rights of parent
23. Arrangements to return a child to Contracting State
Chapter VI Application in respect of child removed from India
24. Application to Central Authority for return of child to India
Chapter VII Rights of Access
25. Rights of access of person, institution or body in India
26. Application to Central Authority of Contracting State to exercise rights of access of any person, institution or body in India
27. Coordination between Central Authorities to secure rights of access
Chapter VIII Offences and Penalties
28. Punishment for wrongful removal or retention
29. Punishment for willful misrepresentation or concealment of fact
Chapter IX Miscellaneous
30. Expeditious process
31. Reports and returns
32. Maintenance of Records
33. Protection of action taken in good faith
34. Members and officers of Central Authority to be public servants
35. Power to give directions
36. Power of Central Government to make rules
37. Power to remove difficulties


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