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1992 No. 34 FAMILY LAW (CHILD ABDUCTION CONVENTION) REGULATIONS (AMENDMENT) - REG 7

7. Schedule 3 (Forms)
  7.1   After Form 2, insert:

                            "FORM 2A              Subregulation 15 (1B)

COMMONWEALTH OF AUSTRALIA
Family Law (Child Abduction Convention) Regulations
ANSWER/*AND CROSS APPLICATION
(Title as under Family Law Rules)
In answer to the application filed on      19 and served on

19     , the respondent states that:

(set out matters to be pleaded) 1. 2.
AFFIDAVIT I, (full name, address and occupation) make oath and say/affirm:
1. I am the respondent in, and I have read, this answer.
2. The facts stated in this answer that are within my personal knowledge are
true. All other facts stated in this answer are true to the best of my
personal knowledge, information and belief.
(Signature of respondent) SWORN (or AFFIRMED) by the respondent at
on the                                 day of
19 Before me: (Signature and title of person before whom affidavit sworn or
affirmed)

*CROSS APPLICATION
(Title as under Family Law Rules) (Full name of respondent) whose occupation
is applies for the following orders:

   (a) 

   (b) 
(if insufficient space attach statement of orders sought) Details concerning
child
1. The child, (full name) , was born on the                                day
of 19 2. The child is now residing with (full name)
(relationship, if any, to
child) at Details concerning respondent's rights to custody/access 3. The
respondent, (full name)
(relationship, if any, to child) , of

   (address) , has rights of *custody/*access in respect of the child by
        reason of the following factual and legal circumstances: (include
        details of any custody /access order) Pending proceedings in Australia
4. The following are particulars of pending family law or child welfare
proceedings concerning the child:
(set out brief particulars of any pending proceedings and the court in which
the proceedings are pending) Attachments
5. The following documents are also attached:

*(a) certified copy of relevant decisions or agreement concerning custody or
access;

*(b) information relating to the social background of the child;

*(c) other (specify).
Dated this
(Signature of respondent)

* Cross out if not applicable.
AFFIDAVIT
day of                    19   .
I, (full name, address and occupation) make oath and say/affirm:
1. I am the respondent in, and I have read, this cross application.
2. The facts stated in this cross application that are within my personal
knowledge are true. All other facts stated in this cross application are true
to the best of my personal knowledge, information and belief. (Signature of
respondent) (Signature and title of person SWORN (or AFFIRMED) by the
respondent at
on the                                 day of
19 Before me: before whom affidavit sworn or affirmed)
                        FORM 2B                    Subregulation 15 (4)

COMMONWEALTH OF AUSTRALIA
Family Law (Child Abduction Convention) Regulations
REPLY TO ANSWER/ *AND CROSS APPLICATION
(Title as under Family Law Rules) In reply to the answer/ *and cross
application filed on 19
and served on     19     , the applicant states:
1. 2.
(set out matters in reply to answer/cross application)

* Cross out if not applicable.
AFFIDAVIT I, (full name, address and occupation) make oath and say/affirm:
1. I am the applicant in, and I have read, this reply.
2. The facts stated in this reply that are within my personal knowledge are
true. All other facts stated in this reply are true to the best of my
knowledge, information and belief. (Signature of applicant) (Signature and
title of person SWORN (or AFFIRMED) by the applicant at
on the                                    day of
19 Before me: before whom affidavit sworn)".
  7.2   After Form 4, insert:

                      "FORM 4A                    Subregulation 24 (5B)

COMMONWEALTH OF AUSTRALIA
Family Law (Child Abduction Convention) Regulations
ANSWER/ *AND CROSS APPLICATION
(Title of proceedings as under Family Law Rules) In answer to the application
filed on 19
and served on                        19     ,
the respondent states that:
(set out matters to be pleaded) 1. 2.
AFFIDAVIT I, (full name, address and occupation) make oath and say/affirm:
1. I am the respondent in, and I have read, this answer.
2. The facts stated in this answer that are within my personal knowledge are
true. All other facts stated in this answer are true to the best of my
personal knowledge, information and belief. Before me: (Signature and title of
person

*CROSS APPLICATION (Full name of respondent) SWORN (or AFFIRMED) by the
applicant at                              day of

19           (Signature of applicant)
before whom affidavit sworn or affirmed) (Title of proceedings as under Family
Law Rules) whose occupation is applies for the following orders:

   (a) 

   (b) 
(if insufficient space, attach statement of orders sought). Details concerning
child 1. The child, (full name)
,was born on  the                                         day of
19 2. The child is now residing with (full name) (relationship, if any, to
child)
at Details concerning rights of access/custody

*3. The respondent, (Full name) , (relationship,
if any, to child) , of

   (address) has rights of *access/*custody
in respect of the child by reason of the following factual and legal
circumstances:
(include details of any access /custody order)
or

*3. The respondent, (Full name) , (relationship, if any, to child) , of
 (address)                                       ,
has no existing rights of access in respect of the child but wishes to pursue
a claim to access under Australian law. Pending proceedings in Australia
4. The following are particulars of pending family law or child welfare
proceedings concerning the child:
(set out brief particulars of any pending proceedings and the court in which
the proceedings are pending) Attachments
5. The following documents are attached:

*(a) certified copy of relevant decision or agreement concerning custody or
access;

*(b) information relating to the social background of the child;

*(c) other (specify).
Dated this                                           day of

(Signature of respondent)

* Cross out if not applicable. 19
AFFIDAVIT I, (Full name, address and occupation) make oath and say/affirm:
1. I am the respondent in, and I have read, this cross application.
2. The facts stated in this cross application that are within my personal
knowledge are true. All other facts stated in this cross application are true
to the best of my knowledge, information and belief.
(Signature of respondent)
(Signature and title of person
before whom affidavit sworn or affirmed)
                           FORM 4B                 Subregulation 24 (7)

COMMONWEALTH OF AUSTRALIA
Family Law (Child Abduction Convention) Regulations
REPLY TO ANSWER/ * AND CROSS APPLICATION
(Title of proceedings as under Family Law Rules)
In reply to the answer/*and cross application filed on 19     and served on
19 , the applicant states: (set out matters in reply) 1. 2.

* Cross out if not applicable.
AFFIDAVIT I, (full name, address and occupation) make oath and say/affirm:
1. I am the applicant in, and I have read, this reply.
2. The facts stated in this reply that are within my personal knowledge are
true. All other facts stated in this reply are true to the best of my
knowledge, information and belief. SWORN (or AFFIRMED) by the
applicant at                              day of 19
Before me:
(Signature of applicant)
(Signature and title of person
before whom affidavit sworn or affirmed)". 


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