Children's Act, 2005 (Act No. 38 of 2005)Chapter 17 : Child abduction278. Powers of court |
| (1) | In ascertaining whether there has been a wrongful removal or retention within the meaning of Article 3 of the Hague Convention on International Child Abduction, a High Court may, prior to the making of an order for the return of the child, request the Central Authority to provide a report on the domestic circumstances of the child prior to the alleged abduction. |
| (2) | The court may, prior to the making of an order for the return of the child, order interim protective relief for the child, the applicant or the defendant. |
| (3) | The court must, in considering an application in terms of this Chapter for the return of a child, afford that child the opportunity to raise an objection to being returned and in so doing must give due weight to that objection, taking into account the age and maturity of the child. |