Convention on the Civil Aspects of International Child Abduction 1980, para. undefined
Paragraph
Paragraph text
The removal or the retention of a child is to be considered wrongful where:
a) it 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 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, or would have been so exercised but for the removal or retention.
The rights of custody mentioned in sub-paragraph a) above, may arise in particular by operation of law or by reason of a judicial or administrative decision, or by reason of an agreement having legal effect under the law of that State.
Legal status
Legally binding
Body
Hague Conference on Private International Law
Document type
International treaty
Means of adoption
N.A.
Topic(s)
Governance & Rule of Law
Movement
Violence
Person(s) affected
Children
Year
1980
Paragraph type
Article
Reference
Convention on the Civil Aspects of International Child Abduction (1980), Article 3.