Commonwealth Consolidated Regulations

FAMILY LAW (CHILD ABDUCTION CONVENTION) REGULATIONS 1986 - REG 30

  (1)   This regulation applies if:

  (a)   either:

  (i)   a responsible Central Authority has applied to the court for an order in relation to a child under Part   3 or 4; or

  (ii)   an Article 3 applicant has applied to the court for an order in relation to a child under Part   3; and

  (b)   the court makes an order under regulation   15, 17, 19A, 25A or 26.

  (2)   The responsible Central Authority may apply to the court for an order that the person who removed or retained the child, or who prevented the exercise of rights of access to the child, must pay to the responsible Central Authority the costs of the application mentioned in subregulation   (3).

  (3)   For subregulation   (2), the costs are the necessary expenses incurred by the responsible Central Authority, including the following:

  (a)   costs incurred in locating the child;

  (b)   costs of legal representation;

  (c)   costs incurred in relation to the attendance by the child or an interested party at a family consultant for the preparation of a report by that consultant;

  (d)   costs incurred in coordinating the making of arrangements for the return of the child.

  (4)   The Article 3 applicant may apply to the court for an order that the person who removed or retained the child, or who prevented the exercise of rights of access to the child, must pay to the Article 3 applicant the costs of the application mentioned in subregulation   (5).

  (5)   For subregulation   (4), the costs are the necessary expenses incurred by the Article 3 applicant, including:

  (a)   travelling expenses; and

  (b)   the costs mentioned in paragraphs   (3)(a) to (c).