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


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

Chapter IV : International Child Abduction

17. Application to return child to a contracting state


(1) If a child has been wrongfully removed to the Republic or retained in the Republic, the Central Authority of the Republic must—
(a) upon receipt of the documents from the other  country's Central Authority, study the application; and
(b) within 10 days after the child has been located, bring an application to the High Court on behalf of the parent or person with parental rights and responsibilities from whom the child has been wrongfully removed, to have the child  returned to his or her place of habitual residence.


(2) An application for assistance made by an applicant to the Chief Family Advocate must, unless the  contrary is proved, be deemed to constitute authorisation by the applicant for the Chief Family Advocate or a Family Advocate to exercise any power and perform any duty conferred or imposed on him or her  under the Hague Convention, and to appear on the applicant's behalf in any proceedings that may be necessary under the Hague Convention.