Commonwealth Numbered Regulations

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1995 No. 296 FAMILY LAW (CHILD ABDUCTION CONVENTION) REGULATIONS (AMENDMENT) - REG 5

5. Regulation 4 (Commonwealth Central Authority-resignation)
5.1 Omit the regulation, substitute:
Meaning of "rights of custody"

"4. (1) For the purposes of these Regulations, a person, an institution or
another body has rights of custody in relation to a child, if:

   (a)  the child was habitually resident in Australia or in a convention
        country immediately before his or her removal or retention; and

   (b)  rights of custody in relation to the child are attributed to the
        person, institution or other body, either jointly or alone, under a
        law in force in the convention country in which the child habitually
        resided immediately before his or her removal or retention.

"(2) For the purposes of subregulation (1), rights of custody include rights
relating to the care of the person of the child and, in particular, the right
to determine the place of residence of the child.

"(3) For the purposes of this regulation, rights of custody may arise:

   (a)  by operation of law; or

   (b)  by reason of a judicial or administrative decision; or

   (c)  by reason of an agreement having legal effect under a law in force in
        Australia or a convention country.". 


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