Commonwealth Numbered Regulations

[Index] [Table] [Search] [Search this Regulation] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

1995 No. 296 FAMILY LAW (CHILD ABDUCTION CONVENTION) REGULATIONS (AMENDMENT) - REG 13

13. Regulation 14 (Applications to court)
13.1 Omit the regulation, substitute: Applications to court

"14. (1) In relation to a child who is removed from a convention country to,
or retained in, Australia, the responsible Central Authority may apply to a
court in accordance with Form 2 for:

   (a)  an order for the return of the child to the country in which he or she
        habitually resided immediately before his or her removal or retention;
        or

   (b)  an order for the issue of a warrant for the apprehension or detention
        of the child authorising a person named or described in the warrant,
        with such assistance as is necessary and reasonable and if necessary
        and reasonable by force, to:

        (i)    stop, enter and search any vehicle, vessel or aircraft; or

        (ii)   enter and search premises; if the person reasonably believes
               that:

        (iii)  the child is in or on the vehicle, vessel, aircraft or
               premises, as the case may be; and

        (iv)   the entry and search is made in circumstances of such
               seriousness or urgency as to justify search and entry under the
               warrant; or

   (c)  an order directing that the child not to be removed from a place
        specified in the order and that members of the Australian Federal
        Police are to prevent removal of the child from that place; or

   (d)  an order requiring such arrangements to be made as are necessary for
        the purpose of placing the child with an appropriate person,
        institution or other body to secure the welfare of the child pending
        the determination of an application under regulation 13; or

   (e)  any other order that the responsible Central Authority considers to be
        appropriate to give effect to the Convention.

"(2) In relation to a child who is removed from Australia to, or retained in,
a convention country, the responsible Central Authority may apply to a court
in accordance with Form 2 for:

   (a)  an order for the issue of a warrant for the apprehension or detention
        of the child authorising a person named or described in the warrant,
        with such assistance as is necessary and reasonable and if necessary
        and reasonable by force, to:

        (i)    stop, enter and search any vehicle, vessel or aircraft; or

        (ii)   enter and search premises; if the person reasonably believes
               that:

        (iii)  the child is in or on the vehicle, vessel, aircraft or
               premises, as the case may be; and

        (iv)   the entry and search is made in circumstances of such
               seriousness or urgency as to justify search and entry under the
               warrant; or

   (b)  an order that the responsible Central Authority considers to be
        necessary or appropriate to give effect to the Convention in relation
        to the welfare of the child after his or her return to Australia; or

   (c)  any other order that the responsible Central Authority considers to be
        appropriate to give effect to the Convention.

"(3) A person on whom a copy of an application is served by a responsible
Central Authority may file an answer, or an answer and a cross application, in
accordance with Form 2A.

"(4) If an answer, or an answer and a cross application, is made, the
responsible Central Authority may file a reply in accordance with Form 2B.". 


AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback