3.
| (1) For the purposes of this Act, the removal to, or retention, in, Sri Lanka of a child shall be deemed to be wrongful where
| | (a)the removal or retention, as the case may be, is in breach of rights of custody attributed to any person or institution or other body, either jointly or alone, under the law of the specified country in which that child had his or her habitual residence, immediately prior to such removal or retention, as the case may be; | | |
| | (b)at the time of the removal or retention, as the case may be, those rights were actually exercised, either jointly or alone, by such person, institution or other body or would have been exercised by such person, institution, or other body but for such removal or retention, as the case may be. | | |
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| (2) The rights of custody referred to in subsection (1) include rights of custody arising
| | (a)by operation of law of; | | |
| | (b)by reason of a judicial or administrative decision of; or | | |
| | (c)by reason of any agreement having legal effect under the law of, | | |
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Sri Lanka Consolidated Acts