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Child Abduction and Custody Act 1985

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Changes over time for: Cross Heading: Article 8

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Point in time view as at 15/07/2011.

Changes to legislation:

Child Abduction and Custody Act 1985, Cross Heading: Article 8 is up to date with all changes known to be in force on or before 10 November 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

Article 8U.K.

Any person, institution or other body claiming that a child has been removed or retained in breach of custody rights may apply either to the Central Authority of the child’s habitual residence or to the Central Authority of any other Contracting State for assistance in securing the return of the child.

The application shall contain—

(a)information concerning the identity of the applicant, of the child and of the person alleged to have removed or retained the child;

(b)where available, the date of birth of the child;

(c)the grounds on which the applicant’s claim for return of the child is based;

(d)all available information relating to the whereabouts of the child and the identity of the person with whom the child is presumed to be.

The application may be accompanied or supplemented by—

(e)an authenticated copy of any relevant decision or agreement;

(f)a certificate or an affidavit emanating from a Central Authority, or other competent authority of the State of the child’s habitual residence, or from a qualified person, concerning the relevant law of that State;

(g)any other relevant document.

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