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FAMILY LAW (CHILD ABDUCTION CONVENTION) REGULATIONS 1986 - REG 17 Declaration that removal or retention was wrongful

FAMILY LAW (CHILD ABDUCTION CONVENTION) REGULATIONS 1986 - REG 17

Declaration that removal or retention was wrongful

  (1)   On application, a court may by order declare that:

  (a)   the removal of a child from Australia to a convention country; or

  (b)   the retention of a child in a convention country;

was wrongful within the meaning of Article 3 of the Convention.

  (2)   The court may ask a responsible Central Authority to arrange for the person, institution or other body making a request in relation to the return of a child under the Convention to obtain an order of a court, or a decision of a competent authority, of the country in which the child habitually resided immediately before his or her removal or retention declaring that the removal or retention was wrongful within the meaning of Article 3 of the Convention.