FAMILY LAW (CHILD ABDUCTION CONVENTION) REGULATIONS 1986 - REG 11 Request for return of child abducted from Australia

FAMILY LAW (CHILD ABDUCTION CONVENTION) REGULATIONS 1986 - REG 11

  (1)   A person, institution or other body that claims under a law in force in Australia to have rights of custody in relation to a child who, in breach of those rights, has been:

  (a)   removed from Australia to a convention country; or

  (b)   retained in a convention country;

may request a responsible Central Authority to have the claim sent to the Central Authority in the country to which the child has been removed or in which the child is retained.

  (2)   A request must be:

  (a)   in accordance with a form approved, in writing, by the Minister under subregulation   (2A); and

  (b)   in accordance with the Convention.

  (2A)   The Minister may approve a form, in writing, for the purposes of paragraph   (2)(a).

  (3)   A State Central Authority that is satisfied that a request received by it complies with subregulation   (2) must send the request to the Commonwealth Central Authority.

  (4)   If the Commonwealth Central Authority is satisfied that a request received by it complies with subregulation   (2), the Commonwealth Central Authority must, on behalf of the person, institution or other body, take any action required to be taken by a Central Authority under the Convention.

  (5)   A responsible Central Authority that is satisfied that a request received by it does not comply with subregulation   (2) may, by notice in writing, refuse to accept the request.

  (6)   A notice under subregulation   (5) from the Commonwealth Central Authority must:

  (a)   be sent to the person, institution or other body that made the request; and

  (b)   if the Commonwealth Central Authority received the request from a State Central Authority--be sent to the State Central Authority; and

  (c)   include the reason for the refusal.

  (7)   A notice under subregulation   (5) from a State Central Authority must:

  (a)   be sent to the person, institution or other body that made the request; and

  (b)   include the reason for the refusal.