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Children's Act, 2005 (Act No. 38 of 2005)

Regulations

Regulations relating to Children's Courts and International Child Abduction, 2010

Chapter IV : International Child Abduction

15. Application for return of child to the Republic

 

(1) An application for the return of a child under Article 8 of the Hague Convention from another contracting state to the Republic, must be in writing on a form that corresponds substantially with Form 10 of the Annexure.

 

(2) An application as provided for in subregulation (1) must be accompanied by—
(a) recent photographs of the child and of the person alleged to have removed or retained the child;
(b) a certified copy of the birth certificate of the child;
(c) proof of parental rights and responsibilities;
(d) a certified copy of the marriage certificate, where applicable;
(e) sworn translations of all the relevant documentation in English, if the documentation is in a language other than English; and
(f) a  sworn  affidavit  setting  out  the  chronological  exposition  of  events  and  circumstances leading to the abduction of the child.

 

(3) An application as provided for in subregulation (1) must be submitted to the Central Authority of the Republic, who must, within 48 hours of  receipt thereof, forward it to the Central Authority of  the country to which the child has been taken.