Commonwealth Numbered Regulations

1986 No. 85 FAMILY LAW (CHILD ABDUCTION CONVENTION) REGULATIONS - REG 24

24. (1) Where a person claims to have rights of access in relation to a child
in a convention country, the person may apply in writing to the
Commonwealth Central Authority or a State Central Authority to have the claim
in respect of rights of access to that child transmitted to the Central
Authority in that country.

(2) Where an application under sub-regulation (1) is made to a State Central
Authority, and that Authority is satisfied that the application is in
accordance with the requirements of the Convention, the State Central
Authority shall forward the application to the Commonwealth Central Authority.

(3) An application under sub-regulation (1) shall be in accordance with Form 3
in Schedule 3.

(4) Where the Commonwealth Central Authority is satisfied that -

   (a)  an application referred to in sub-regulation (1) or (2); or

   (b)  an application forwarded to the Commonwealth Central Authority by the
        Central Authority of a convention country in relation to
        rights of access to a child in Australia, is an application to which
        the Convention applies and is in accordance with the requirements of
        the Convention, the Commonwealth Central Authority shall take such
        steps as are necessary for the purpose of enabling the performance of
        the obligations of Australia under Article 21 of the Convention.

(5) A responsible Central Authority may apply to a court having jurisdiction
under the Act for an order in relation to rights of access to a child in
Australia.

(6) A court may, in respect of an application made under sub-regulation (5),
make such orders in relation to rights of access to a child as the court
thinks fit.

(7) An application under sub-regulation (5) shall be in accordance with Form 4
in Schedule 3.