Care of Children Act 2004

97 Rights of custody defined

• For the purposes of this subpart, rights of custody, in relation to a child, include the following rights attributed to a person, institution, or other body, either jointly or alone, under the law of the Contracting State in which the child was habitually resident immediately before the child’s removal or retention:

  • (a) rights relating to the care of the person of the child (for example, the role of providing day-to-day care for the child); and

  • (b) in particular, the right to determine the child’s place of residence.

  Compare: 1991 No 19 s 4