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Child Abduction and Custody Act 1985
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- 1985 c. 60
- SCHEDULE 2
- Article 1
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Commencement Orders bringing legislation that affects this Act into force:
- S.I. 2005/700 art. 2 commences (2004 c. 31)
- S.I. 2005/2213 art. 2 3 commences (2002 c. 38)
- S.I. 2005/2897 art. 2 commences (2002 c. 38)
- S.I. 2005/3175 art. 2(2) commences (2004 c. 33)
- S.S.I. 2009/267 art. 2 commences (2007 asp 4)
Article 1E+W+S+N.I.
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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