Commonwealth Numbered Regulations - Explanatory Statements

[Index] [Search] [Download] [Related Items] [Help]


FAMILY LAW (CHILD ABDUCTION CONVENTION) REGULATIONS (AMENDMENT) 1992 NO.34

EXPLANATORY STATEMENT

STATUTORY RULES 1992 No. 34

Issued by the Authority of the Minister for Justice and Consumer Affairs

Family Law Act 1975

Family Law (Child Abduction Convention) Regulations (Amendment)

Regulation 125(1) of the Family Law Act 1975 (the Act) empowers the Governor-General to make regulations for the purposes of the Act.

Section 111B of the Act provides that the regulations may make such provision as is necessary to enable Australia to perform its obligations under the Convention on the Civil Aspects of International Child Abduction (the Convention). The Convention was signed at the Hague on 25 October 1980.

The objects of the Convention are to secure the prompt return of children wrongfully removed to or retained in any convention country, and to ensure that rights of custody and access to children under the laws of a convention country are effectively respected in the other convention countries. on 22 April 1986, the Family Law (Child Abduction Convention) Regulations were made to give effect to the Convention in Australia.

The proposed regulations provide that where an application is made to the Family Court of Australia to initiate proceedings relating to the removal of a child to Australia, or to enforce rights of custody or access under the laws of a Convention country in Australia, the respondent may file an answer, or an answer and cross application, in accordance with newly prescribed forms. Under the proposed regulations, the Family Court of Australia is empowered to make orders on an application, answer, or answer and cross application. The applicant may also file a reply to the respondent's answer, or answer and cross application.

The proposed regulations also extend the list of countries in Schedule 2 by specifying the Netherlands, Germany, Argentina, Denmark, Ireland, Israel and Yugoslavia as additional convention countries in respect of which the Convention has entered into force for Australia. Included in Schedule 2, is the date the Convention came into force for each of the foregoing countries and any reservations made by a country when becoming a party to the Convention.


[Index] [Related Items] [Search] [Download] [Help]