When shall the removal or the retention of a child be considered wrongful?
A – The removal or the retention of a child is to be considered wrongful where: 1. 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 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.
Related Questions
- What if an emergency exists and a child needs to be removed from the residence immediately, does the CAFAS have to be administered before the emergency removal can take place?
- My child is leaving for the Supercamp. What shall I put in his/her suitcase?
- When shall the removal or the retention of a child be considered wrongful?
