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Child Abduction and Custody Act 1985, Cross Heading: Article 26 is up to date with all changes known to be in force on or before 18 September 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.
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(1)In relation to a State which has in matters of custody two or more systems of law of territorial application:
(a)reference to the law of a person’s habitual residence or to the law of a person’s nationality shall be construed as referring to the system of law determined by the rules in force in that State or, if there are no such rules, to the system of law with which the person concerned is most closely connected;
(b)reference to the State of origin or to the State addressed shall be construed as referring, as the case may be, to the territorial unit where the decision was given or to the territorial unit where recognition or enforcement of the decision or restoration of custody is requested.
(2)Paragraph (1)(a) of this Article also applies mutatis mutandis to States which have in matters of custody two or more systems of law of personal application.
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