CIVIL ASPECTS OF INTERNATIONAL CHILD ABDUCTION ACT

Arrangement of Sections

1. Short title.

2. Application.

3. Wrongful removal or retention.

4. Central Authority.

5. Duties of Central Authority.

6. Application to Central Authority for assistance in securing the return of a child who has been wrongfully removed or retained.

7. Central Authority may refuse application.

8. Central Authority to transmit application to appropriate authority in another specified country in certain cases.

9. Central Authority may apply to High Court for order of return.

10. High Court may order return of child.

11. Grounds on which High Court may refuse to make an order under section 10.

12. Central Authority may request Court for reasons for delay in disposing of application.

13. Rights of access.

14. Central Authority may apply to court for order of access.

15. Evidence.

16. High Court may require Central Authority to obtain order from relevant authorities in specified country.

17. Central Authority not to be required for payment of costs.

18. High Court may order payment of costs incurred by Central Authority.

19. Order under section 10 not a decision or determination on merits.

20. Court jurisdiction to decide or determine questions relating to the custody of a child wrongfully removed to Sri Lanka.

21. Central Authority to arrange for return of child in respect of whom an order has been made under section 10.

22. Person, institution or other body may apply to Central Authority for securing return of child wrongfully removed to, or wrongfully retained in a specified country.

23. Jurisdiction of High Court to make certain declarations.

24. Sinhala text to prevail in case of inconsistency.

25. Interpretation.

SCHEDULE

10 of 2001.

AN ACT to give effect to the Hague convention on the Civil Aspects of International Child abdution adopted at the Hague on 25th October, 1980; to make provision for the return of children wrongfully removed from Sri Lanka or their country habitual residence and retained in any specified country or Sri Lanka; to extend the jurisdiction for the return of children wrongfully application for the high court of a province to hear removed or retained; and for matters connected therewith or incidental thereto.

[Date of Commencement: 9th August, 2001]

1. Short title.

This Act may be cited as the Convention on the Civil Aspects of International Child Abduction Act.

2. Application.

The Minister may by Order published in the Gazette, specify the countries in respect of which the provisions of this Act shall apply and the date with effect from which such provisions shall so apply. A country in respect of which an Order is made under this section is hereinafter referred to as "a specified country”.

3. Wrongful removal or retention.

(1) For the purposes of this Act, the removal to, or retention, in, Sri Lanka of a child shall be deemed to be wrongful where—

(a) the removal or retention, as the case may be, is in breach of rights of custody attributed to any person or institution or other body, either jointly or alone, under the law of the specified country in which that child had his or her habitual residence, immediately prior to such removal or retention, as the case may be;

(b) at the time of the removal or retention, as the case may be, those rights were actually exercised, either jointly or alone, by such person, institution or other body or would have been exercised by such person, institution, or other body but for such removal or retention, as the case may be.

(2) The rights of custody referred to in subsection (1) include rights of custody arising—

(a) by operation of law of;

(b) by reason of a judicial or administrative decision of; or

(c) by reason of any agreement having legal effect under the law of, the specified country in which the child had his or her habitual residence, immediately prior to such removal or retention, as the case may be.

4. Central Authority.

The Secretary to the Ministry of the Minister in charge of the subject of Justice shall be the Central Authority for the purposes of this Act, (hereinafter referred to as "The Central Authority”).

5. Duties of Central Authority.

The Central Authority, either directly or through an intermediary, may take all appropriate measures—

(a) to discover the whereabouts of a child who has been wrongfully removed to, or retained in Sri Lanka;

(b) to prevent further harm to any such child or prejudice to any other interested parties, by taking or causing to be taken, such provisional measures as may seem necessary;

(c) to secure the voluntary return of any such child to the specified country in which such child had his or her habitual residence or to bring about an amicable resolution of the differences between the person claiming that such child has been wrongfully removed to, or retained in, Sri Lanka and the person opposing the return of such child to the specified country in which that child has his or her habitual residence;

(d) to exchange, where desirable, information relating to any such child, with the appropriate authorities of a specified country;

(e) to provide, on request, information of a general character, as to the law of Sri Lanka in connection with the implementation of the Convention in any specified country;

(f) to institute judicial proceedings with a view to obtaining the return of any such child to the specified country in which that child has his or her habitual residence, and in appropriate cases, to make arrangements for organising or securing or to institute judicial proceedings for securing, the effective exercise of rights of access to a child who is in Sri Lanka;

(g) where circumstances so requires to facilitate the provision of legal aid or advice;

(h) to provide such administrative arrangements as may be necessary and appropriate to secure the safe return of any such child to the specified country in which that child has his or her habitual residence.

6. Application to Central Authority for assistance in securing the return of a child who has been wrongfully removed or retained.

(1) The appropriate authority of a specified country or as person, institution or other body claiming that a child has been wrongfully removed to retained in, Sri Lanka in breach of lights of custody may apply to the Central Authority for assistance in securing the return of such child.

(2) Every application made under subsection (1) shall substantially be in the Form set out in the Schedule to this Act and shall contain inter alia—

(a) information relating to the identity of the applicant, the child and the person alleged to have removed or retained the child,

This section of the article is only available for our subscribers. Please click here to subscribe to a subscription plan to view this part of the article.


Recent Updates

PROVINCIAL COUNCILS ELECTIONS (AMENDMENT) ACT, No. 17 OF 2017


FISHERIES AND AQUATIC RESOURCES(AMENDMENT) ACT, No. 11 OF 2017


NATION BUILDING TAX (AMENDMENT)ACT, No. 13 OF 2017


SUGATHADASA NATIONAL SPORTS COMPLEX AUTHORITY (AMENDMENT) ACT, No. 14 OF 2017


IMMIGRANTS AND EMIGRANTS (AMENDMENT) ACT, No. 7 OF 2015


PROVINCIAL COUNCILS ELECTIONS (AMENDMENT) ACT, No. 17 OF 2017


FISHERIES AND AQUATIC RESOURCES(AMENDMENT) ACT, No. 11 OF 2017


NATION BUILDING TAX (AMENDMENT)ACT, No. 13 OF 2017


SUGATHADASA NATIONAL SPORTS COMPLEX AUTHORITY (AMENDMENT) ACT, No. 14 OF 2017


IMMIGRANTS AND EMIGRANTS (AMENDMENT) ACT, No. 7 OF 2015


PROVINCIAL COUNCILS ELECTIONS (AMENDMENT) ACT, No. 17 OF 2017


FISHERIES AND AQUATIC RESOURCES(AMENDMENT) ACT, No. 11 OF 2017


NATION BUILDING TAX (AMENDMENT)ACT, No. 13 OF 2017


SUGATHADASA NATIONAL SPORTS COMPLEX AUTHORITY (AMENDMENT) ACT, No. 14 OF 2017


IMMIGRANTS AND EMIGRANTS (AMENDMENT) ACT, No. 7 OF 2015


PROVINCIAL COUNCILS ELECTIONS (AMENDMENT) ACT, No. 17 OF 2017


FISHERIES AND AQUATIC RESOURCES(AMENDMENT) ACT, No. 11 OF 2017


NATION BUILDING TAX (AMENDMENT)ACT, No. 13 OF 2017


SUGATHADASA NATIONAL SPORTS COMPLEX AUTHORITY (AMENDMENT) ACT, No. 14 OF 2017


IMMIGRANTS AND EMIGRANTS (AMENDMENT) ACT, No. 7 OF 2015


PROVINCIAL COUNCILS ELECTIONS (AMENDMENT) ACT, No. 17 OF 2017


FISHERIES AND AQUATIC RESOURCES(AMENDMENT) ACT, No. 11 OF 2017


NATION BUILDING TAX (AMENDMENT)ACT, No. 13 OF 2017


SUGATHADASA NATIONAL SPORTS COMPLEX AUTHORITY (AMENDMENT) ACT, No. 14 OF 2017


IMMIGRANTS AND EMIGRANTS (AMENDMENT) ACT, No. 7 OF 2015


PROVINCIAL COUNCILS ELECTIONS (AMENDMENT) ACT, No. 17 OF 2017


FISHERIES AND AQUATIC RESOURCES(AMENDMENT) ACT, No. 11 OF 2017


NATION BUILDING TAX (AMENDMENT)ACT, No. 13 OF 2017


SUGATHADASA NATIONAL SPORTS COMPLEX AUTHORITY (AMENDMENT) ACT, No. 14 OF 2017


IMMIGRANTS AND EMIGRANTS (AMENDMENT) ACT, No. 7 OF 2015


PROVINCIAL COUNCILS ELECTIONS (AMENDMENT) ACT, No. 17 OF 2017


FISHERIES AND AQUATIC RESOURCES(AMENDMENT) ACT, No. 11 OF 2017


NATION BUILDING TAX (AMENDMENT)ACT, No. 13 OF 2017


SUGATHADASA NATIONAL SPORTS COMPLEX AUTHORITY (AMENDMENT) ACT, No. 14 OF 2017


IMMIGRANTS AND EMIGRANTS (AMENDMENT) ACT, No. 7 OF 2015


PROVINCIAL COUNCILS ELECTIONS (AMENDMENT) ACT, No. 17 OF 2017


FISHERIES AND AQUATIC RESOURCES(AMENDMENT) ACT, No. 11 OF 2017


NATION BUILDING TAX (AMENDMENT)ACT, No. 13 OF 2017


SUGATHADASA NATIONAL SPORTS COMPLEX AUTHORITY (AMENDMENT) ACT, No. 14 OF 2017


IMMIGRANTS AND EMIGRANTS (AMENDMENT) ACT, No. 7 OF 2015