FAMILY LAW (CHILD ABDUCTION CONVENTION) REGULATIONS 1986 - REG 14 Applications to court

FAMILY LAW (CHILD ABDUCTION CONVENTION) REGULATIONS 1986 - REG 14

  (1)   If a child is removed from a convention country to, or retained in, Australia:

  (a)   the responsible Central Authority may apply to the court, in accordance with Form 2, for any of the following orders:

  (i)   a return order for the child;

  (ii)   an order for the delivery of the passport of the child, and the passport of any other relevant person, to the responsible Central Authority, a member of the Australian Federal Police or a person specified in the order, on conditions appropriate to give effect to the Convention;

  (iii)   an order for the issue of a warrant mentioned in regulation   31;

  (iv)   an order directing that:

  (A)   the child not be removed from a specified place; and

  (B)   members of the Australian Federal Police prevent the child being removed from that place;

  (v)   an order requiring that arrangements be made (as necessary) to place the child with an appropriate person, institution or other body to secure the welfare of the child, until a request under regulation   13 is determined;

  (vi)   any other order that the responsible Central Authority considers appropriate to give effect to the Convention; or

  (b)   a person, institution or other body that has rights of custody in relation to the child for the purposes of the Convention may apply to the court, in accordance with Form 2, for an order mentioned in subparagraph   (a)(i), (ii), (iii), (iv) or (v).

  (2)   If the responsible Central Authority, or a person, institution or other body that has rights of custody in relation to a child for the purposes of the Convention, has reasonable grounds to believe that there is an appreciable possibility or a threat that the child will be removed from Australia, the responsible Central Authority or person, institution or other body may:

  (a)   apply to the court, in accordance with Form 2, for an order for the issue of a warrant mentioned in regulation   31; or

  (b)   apply to the court for an order for the delivery of the passport of the child, and the passport of any other relevant person, to the responsible Central Authority, a member of the Australian Federal Police or a person specified in the order, on conditions appropriate to give effect to the Convention.

  (3)   If a child is wrongfully removed from Australia to, or retained in, a convention country, the responsible Central Authority may apply to the court, in accordance with Form 2, for:

  (a)   an order that the responsible Central Authority considers necessary or appropriate to give effect to the Convention in relation to the welfare of the child after his or her return to Australia; or

  (b)   any other order that the responsible Central Authority considers appropriate to give effect to the Convention.

  (4)   If a copy of an application made under subregulation   (1), (2) or (3) is served on a person:

  (a)   the person must file an answer, or an answer and a cross - application, in accordance with Form   2A; and

  (b)   the applicant may file a reply in accordance with Form 2B.