FAMILY LAW (CHILD ABDUCTION CONVENTION) REGULATIONS 1986

Table of Provisions

PART 1--PRELIMINARY

• 1 Name of Regulations
• 1AA Authority
• 1A Purpose
• 2 Definitions
• 4 Meaning of rights of custody
• 5 Commonwealth Central Authority--duties, powers and functions
• 6 These Regulations do not affect other powers of, or rights of application to, a court
• 7 Immunity of Commonwealth Central Authority etc in respect of orders to pay costs
• 8 State Central Authority--appointment
• 9 State Central Authority--duties, powers and functions

PART 2--REQUESTS--TO CENTRAL AUTHORITIES, EXCEPT FOR ACCESS

• 11 Request for return of child abducted from Australia
• 13 Request for return of child abducted to Australia

PART 3--COURT--APPLICATIONS, EXCEPT FOR ACCESS

• 14 Applications to court
• 14A Further applications to court
• 15 Orders
• 16 Obligation to make a return order
• 17 Declaration that removal or retention was wrongful
• 18 Effect of other custody orders in Australia or overseas
• 19 When a court not to make certain orders
• 19A Discharge of return order
• 20 Arrangements for return of child
• 21 Security for costs etc

PART 4--REQUESTS--TO CENTRAL AUTHORITIES AND COURT APPLICATIONS FOR ACCESS

• 23 Request for access to child in convention country
• 24 Request for access to child in Australia
• 25 Application for access to child in Australia
• 25A Orders

PART 5--GENERAL

• 26 Reports by family consultants
• 27 Service of notice of certain applications
• 28 Change of venue
• 29 Evidentiary provisions
• 30 Costs of applications
• 31 Warrants

PART 6--APPLICATION--, TRANSITIONAL AND SAVING PROVISIONS

Division 1--Saving provisions relating to the Family Law (Child Abduction Convention) Regulations 1986

• 32 Saving of forms

Division 2--Saving provision relating to the Family Law (Child Abduction Convention) Amendment (Family Violence) Regulations 2022

• 33 Saving provision
• SCHEDULE 1 Convention on the civil aspects of international child abduction
• SCHEDULE 3 Forms