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CHILD & FAMILY LAW
An application for assistance in securing the return of an abducted child in Zimbabwe
Caroline MA Nicholson, ‘The Hague Convention on the Civil Aspects of International Child Abduction – pill or placebo?’ (1999) 32 Comparative and International Law Journal of Southern Africa 228 at 223 observed that:
‘The Hague Convention is only applicable in cases where an abducted child was habitually resident within a contracting state immediately prior to the breach in custody or access rights.’
Thus, where a child has been removed or retained in breach of custody rights, any person, institution or other body claiming that the child has been removed or retained 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.
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