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Child Abduction and Custody Act 1985

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Changes over time for: Cross Heading: Article 1

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Child Abduction and Custody Act 1985, Cross Heading: Article 1 is up to date with all changes known to be in force on or before 13 February 2025. 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 1U.K.

For the purposes of this Convention:

(a)child” means a person of any nationality, so long as he is under 16 years of age and has not the right to decide on his own place of residence under the law of his habitual residence, the law of his nationality or the internal law of the State addressed;

(b)authority” means a judicial or administrative authority;

(c)decision relating to custody” means a decision of an authority in so far as it relates to the care of the person of the child, including the right to decide on the place of his residence, or to the right of access to him.

(d)improper removal” means the removal of a child across an international frontier in breach of a decision relating to his custody which has been given in a Contracting State and which is enforceable in such a State; “improper removal” also includes:

(i)the failure to return a child across an international frontier at the end of a period of the exercise of the right of access to this child or at the end of any other temporary stay in a territory other than that where the custody is exercised;

(ii)a removal which is subsequently declared unlawful within the meaning of Article 12.

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