104 Authority may request further information
  • (1) The Authority may return the application concerned to the applicant or the Central Authority by which it was transmitted, and may request that the information or documents concerned be made available, if—

    • (a) an application to which section 103(1) applies is received by the Authority; and

    • (b) the application—

      • (i) does not contain the information specified in subsection (2); or

      • (ii) is not accompanied or supplemented by the documents referred to in subsection (3); and

    • (c) the Authority considers that the fact that the application does not contain that information or is not accompanied or supplemented by those documents is likely to seriously impair the ability of the Authority to carry out its duties in respect of the application.

    (2) The information referred to in subsection (1)(b)(i) is—

    • (a) information concerning the identity of the applicant, the child, and the person alleged to have removed the child:

    • (b) the date of birth of the child:

    • (c) the grounds on which the applicant’s claim for the return of the child is based:

    • (d) information relating to the whereabouts of the child and the identity of the person with whom the child is presumed to be.

    (3) The documents referred to in subsection (1)(b)(ii) are—

    • (a) an authenticated copy of any decision, agreement, or other document, if it is relevant to the application:

    • (b) a certificate or affidavit concerning the relevant law of the Contracting State of the child’s habitual residence, being a certificate or affidavit from the Central Authority of that State, or from any other competent authority of that State, or from any qualified person.

    Compare: 1991 No 19 s 11