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CHILD & FAMILY LAW

When can the Convention on the Civil Aspects of International Child Abduction be invoked in Zimbabwe?

The Convention on the Civil Aspects of International Child Abduction (the Convention) applies to any child who was habitually resident in a Contracting State immediately before any breach of custody or access rights. The Convention only applies to children until they attain the age of 16 years.

The Convention can be invoked in cases where children have been wrongfully removed or retained. In terms of Article 3 of the Convention, the removal or the retention of a child is considered wrongful where:

  • (a) It is in breach of rights of custody attributed to a person, an institution or any other body, either jointly or alone, under the law of the State in which the child was habitually resident immediately before the removal or retention; and
  • (b) At the time of removal or retention those rights were actually exercised, either jointly or alone, or would have been so exercised but for the removal or retention.

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