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FAMILY LAW AMENDMENT REGULATIONS 2004 (NO. 3) 2004 NO. 371 - SCHEDULE 1
Amendments of Family Law Regulations 1984
(regulation 3)
[1] Part III, Division 1, heading
substitute
Division 1
Overseas child orders
[2] Regulation 23, heading
substitute
23 Registration
of overseas child orders
[3] Subregulation 23 (8)
substitute
- (8)
- This
regulation does not prevent a court that has jurisdiction under the Act from
receiving evidence of an order made in an overseas jurisdiction (whether or
not the jurisdiction is a prescribed overseas jurisdiction), being an order
that:
- (a)
- deals with the person with whom a child is supposed to live or
have contact; or
- (b)
- provides for a person to have custody of, or access to, a child.
[4] Regulation 24
substitute
24 Transmission of orders to overseas
jurisdiction
(1) This regulation applies if:
- (a)
- a residence order, contact order,
specific issues order, or State child order is made by a court in Australia in
relation to a child who is under 18; and
- (b)
- the order may be enforced in a prescribed overseas jurisdiction under
provisions corresponding to Subdivision C of Division 13 of Part VII of
the Act.
- (2)
- If the registrar of the court in which the order was made, registered or
last varied, receives a written request from a person mentioned in
subregulation (3) to send the order to the prescribed overseas
jurisdiction for registration and enforcement in that jurisdiction, the
registrar must send the documents mentioned in subregulation (4) to the
appropriate court or authority in the prescribed overseas jurisdiction.
- (3)
- For subregulation (2), a request may be made by a person:
- (a)
- with
whom the child is supposed to live or have contact under the order; or
- (b)
- who has a right to custody of, or access to, the child under the order.
- (4)
- For subregulation (2), the documents are as follows:
- (a)
- 3
certified copies of the order;
- (b)
- a certificate signed by the registrar stating that the order is, at the
date of the certificate, enforceable in Australia;
- (c)
- any information and material the registrar holds that may assist in
identifying and locating the child or any other person who is subject to the
order;
- (d)
- a request in writing that the order be made enforceable in the prescribed
overseas jurisdiction.
- (5)
- If:
- (a)
- the order is registered in a court in the prescribed overseas
jurisdiction; and
- (b)
- a court in that jurisdiction makes an order under a law corresponding to
section 70J of the Act (the overseas order );
a court having jurisdiction under the Act may treat the overseas order as an
overseas child order for the purposes of exercising jurisdiction under that
section.
- (6)
- If a court exercises jurisdiction under section 70J of the Act
in relation to a child who is the subject of the overseas order, the registrar
of the court must send to the court in the prescribed overseas jurisdiction:
- (a)
- 3 certified copies of any order made by the court and the reasons for the
order; and
- (b)
- such further material as the court directs.
- (7)
- Nothing in this regulation prevents a person having a right of custody of,
access to or contact with, a child under the order from:
- (a)
- obtaining
certified copies of the order; or
- (b)
- applying to a court in an overseas jurisdiction (whether or not it is a
prescribed overseas jurisdiction) for registration and enforcement of the
order in that jurisdiction.
- (8)
- In this regulation:
"custody", in relation to a child, includes:
- (a)
- guardianship of the child; and
- (b)
- responsibility for the long-term or day-to-day care, welfare and
development of the child; and
- (c)
- responsibility as the person or persons with whom the child is to live.
"overseas child order" has the meaning given by section 70F of the Act.
[5] Regulation 55
substitute
55 Admissibility of evidence given in
convention countries
In a proceeding under this Part in a court, a statement contained in a
document that purports:
- (a)
- to set out or summarise evidence given in a
proceeding in a court in a convention country and to have been signed by the
person before whom the evidence was given; or
- (b)
- to set out or summarise evidence taken in a convention country for the
purpose of a proceeding under this Part (whether in response to a request made
by the court or otherwise) and to have been signed by the person before whom
the evidence was taken; or
- (c)
- to have been received as evidence in a proceeding in a court in a
convention country and to have been signed by a judge or other officer of the
court;
is admissible as evidence of any fact stated in the document to the same
extent as oral evidence of that fact is admissible in the proceeding, without
proof of the signature of the person purporting to have signed it or of the
official position of that person.
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