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FAMILY LAW (CHILD PROTECTION CONVENTION) REGULATIONS 2003 - REG 14

Measure relating to protection from abuse

  (1)   This regulation applies to proceedings under regulation   15 or proceedings under Part   VII of the Act that are affected by a recognised foreign measure.

  (2)   If the court becomes aware that the foreign measure relates to the taking, by a competent authority in a Convention country, of a measure that, in relation to the child concerned:

  (a)   is for the protection of the person of the child from abuse (within the meaning of subsection   60D(1) of the Act); and

  (b)   in its implementation, would involve action by a competent authority in Australia or in another country;

    the court may require the relevant Registrar of the court to so inform, in writing, the State central authority of the State in which the child is present.

  (3)   If, within 7 days after receiving notice under subregulation   (2), the State central authority gives the court written notice that a competent authority in the State will:

  (a)   take a measure of protection in relation to the child; or

  (b)   initiate proceedings in a court in relation to the child;

the court must suspend the proceedings before it and cancel the registration of the measure.

  (4)   Despite subregulation   (3), if it appears to the court that it is in the child's best interests to so do, the court may make interim orders in relation to the child.



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