W v C (Approved)

��������� �The removal or the retention of a child is to be considered wrongful where -

a)����� it is in breach of rights of custody attributed to a person, an institution or any other body, either jointly or alone, under the law of the State in which the child was habitually resident immediately before the removal or retention; and

b)����� at the time of removal or retention those rights were actually exercised, either jointly or alone, or would have been so exercised but for the removal or retention.

��������� The rights of custody mentioned in sub-paragraph a) above, may arise in particular by operation of law or by reason of a judicial or administrative decision, or by reason of an agreement having legal effect under the law of that State.�

a)������ "rights of custody" shall include rights relating to the care of the person of the child and, in particular, the right to determine the child's place of residence;