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The Second Special Commission reviewing the operation of the Hague Child Abduction Convention concluded that the term 'rights of custody' in Article 3 of the Convention has a 'Convention autonomous meaning' rather than a meaning dependent on the law of any one particular Contracting State. English Convention jurisprudence has developed the concept of inchoate rights that constitute Convention 'rights of custody' where a person without legal rights is caring for a child in the absence of the parent with those legal rights. These inchoate rights have not been extended to unmarried fathers sharing the day-to-day de facto care of their children. This article considers the development of these inchoate rights against the background of an autonomous Convention meaning.
The Red Book is the acknowledged authority on practice and procedure