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FAMILY LAW ACT 1975 - SECT 70J Effect of registration on exercise of jurisdiction

FAMILY LAW ACT 1975 - SECT 70J

Effect of registration on exercise of jurisdiction

  (1)   A court in Australia that is aware that an overseas child order is registered under section   70G must not exercise jurisdiction in proceedings for the making of a Subdivision C parenting order in relation to the child concerned unless:

  (a)   each person:

  (i)   with whom the child is supposed to live; or

  (ii)   who is to spend time with the child; or

  (iii)   who is to have contact with the child; or

  (iv)   who has rights of custody or access in relation to the child;

    under the overseas order consents to the exercise of jurisdiction by the court in the proceedings; or

  (b)   the court is satisfied that there are substantial grounds for believing that the child's welfare requires that the court exercise jurisdiction in the proceedings.

  (2)   If a court exercises jurisdiction in proceedings for a Subdivision C parenting order in relation to a child who is the subject of an overseas child order, the court must not make a Subdivision C parenting order in relation to the child unless it is satisfied:

  (a)   that the welfare of the child is likely to be adversely affected if the order is not made; or

  (b)   that there has been such a change in the circumstances of the child since the making of the overseas child order that the Subdivision C parenting order ought to be made.

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