Commonwealth Consolidated Regulations

FAMILY LAW (CHILD ABDUCTION CONVENTION) REGULATIONS 1986

- made under the Family Law Act 1975

TABLE OF PROVISIONS

   PART 1--PRELIMINARY

   1.      Name of Regulations  
   1AA.    Authority  
   1A.     Purpose  
   2.      Definitions  
   4.      Meaning of rights of custody  
   5.      Commonwealth Central Authority--duties, powers and functions  
   6.      These Regulations do not affect other powers of, or rights of application to, a court  
   7.      Immunity of Commonwealth Central Authority etc in respect of orders to pay costs  
   8.      State Central Authority--appointment  
   9.      State Central Authority--duties, powers and functions  

   PART 2--REQUESTS--TO CENTRAL AUTHORITIES, EXCEPT FOR ACCESS

   11.     Request for return of child abducted from Australia  
   13.     Request for return of child abducted to Australia  

   PART 3--COURT--APPLICATIONS, EXCEPT FOR ACCESS

   14.     Applications to court  
   14A.    Further applications to court  
   15.     Orders  
   16.     Obligation to make a return order  
   17.     Declaration that removal or retention was wrongful  
   18.     Effect of other custody orders in Australia or overseas  
   19.     When a court not to make certain orders  
   19A.    Discharge of return order  
   20.     Arrangements for return of child  
   21.     Security for costs etc  

   PART 4--REQUESTS--TO CENTRAL AUTHORITIES AND COURT APPLICATIONS FOR ACCESS

   23.     Request for access to child in convention country  
   24.     Request for access to child in Australia  
   25.     Application for access to child in Australia  
   25A.    Orders  

   PART 5--GENERAL

   26.     Reports by family consultants  
   27.     Service of notice of certain applications  
   28.     Change of venue  
   29.     Evidentiary provisions  
   30.     Costs of applications  
   31.     Warrants  

   PART 6--APPLICATION--, TRANSITIONAL AND SAVING PROVISIONS

           Division 1--Saving provisions relating to the Family Law (Child Abduction Convention) Regulations 1986

   32.     Saving of forms  

           Division 2--Saving provision relating to the Family Law (Child Abduction Convention) Amendment (Family Violence) Regulations 2022

   33.     Saving provision  

           Division 3--Application provision relating to the Family Law (Child Abduction Convention) Amendment (Child's Objection) Regulations 2024

   34.     Application provision  
           SCHEDULE 1 Convention on the civil aspects of international child abduction
           SCHEDULE 3 Forms