FAMILY LAW ACT 1975 - SECT 111CD Jurisdiction relating to the person of a child

FAMILY LAW ACT 1975 - SECT 111CD

  (1)   A court may exercise jurisdiction for a Commonwealth personal protection measure only in relation to:

  (a)   a child who is present and habitually resident in Australia; or

  (b)   a child who is present in Australia and habitually resident in a Convention country, if:

  (i)   the child's protection requires taking the measure as a matter of urgency; or

  (ii)   the measure is provisional and limited in its territorial effect to Australia; or

  (iii)   the child is a refugee child; or

  (iv)   a request to assume jurisdiction is made to the court by, or at the invitation of, a competent authority of the country of the child's habitual residence; or

  (v)   a competent authority of the country of the child's habitual residence agrees to the court assuming jurisdiction; or

  (vi)   the court is exercising jurisdiction in proceedings concerning the divorce or separation of the child's parents or the annulment of their marriage (but see subsection   (3)); or

  (c)   a child who is present in a Convention country, if:

  (i)   the child is habitually resident in Australia; or

  (ii)   the child has been wrongfully removed from or retained outside Australia and the court keeps jurisdiction under Article 7 of the Child Protection Convention; or

  (iii)   a request to assume jurisdiction is made to the court by, or at the invitation of, a competent authority of the country of the child's habitual residence or country of refuge; or

  (iv)   a competent authority of the country of the child's habitual residence or country of refuge agrees to the court assuming jurisdiction; or

  (v)   the child is habitually resident in a Convention country and the court is exercising jurisdiction in proceedings concerning the divorce or separation of the child's parents or the annulment of their marriage (but see subsection   (3)); or

  (d)   a child who is present in Australia and is a refugee child; or

  (e)   a child who is present in a non - Convention country, if:

  (i)   the child is habitually resident in Australia; and

  (ii)   any of paragraphs 69E(1)(b) to (e) applies to the child; or

  (f)   a child who is present in Australia, if:

  (i)   the child is habitually resident in a non - Convention country; and

  (ii)   any of paragraphs 69E(1)(b) to (e) applies to the child.

  (2)   A court may only exercise jurisdiction in accordance with subparagraph   (1)(b)(ii) if the measure is not incompatible with a foreign measure already taken by a competent authority of a Convention country under Articles 5 to 10 of the Child Protection Convention.

  (3)   A court may only exercise jurisdiction in accordance with subparagraph   (1)(b)(vi) or (c)(v) for a Commonwealth personal protection measure relating to a child if:

  (a)   one or both of the child's parents are habitually resident in Australia when the proceedings referred to in that subparagraph begin; and

  (b)   one or both of the parents have parental responsibility for the child; and

  (c)   the jurisdiction of the court to take the measure is accepted by the parents and each other person with parental responsibility for the child; and

  (d)   the exercise of jurisdiction to take the measure is in the best interests of the child; and

  (e)   the proceedings on the application for divorce or separation of the child's parents or the annulment of their marriage have not been finalised.

  (4)   Paragraphs 111CD(1)(a) to (d) are subject to the limitations in sections   111CE, 111CF and 111CH.