WHAT IS AN ACT OF CHILD ABDUCTION?

The act of child abduction means a removal or retention which is 'wrongful' within the meaning of Article 3. It is 'wrongful' when the removal or retention is: 

  1. 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
  2. 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'.

To make an application under the Hague Convention, it is not necessary for the applicant to have a court order in his favour.

 

Convention In Action