FAMILY LAW (CHILD ABDUCTION CONVENTION) REGULATIONS 1986 - REG 23 Request for access to child in convention country

FAMILY LAW (CHILD ABDUCTION CONVENTION) REGULATIONS 1986 - REG 23

  (1)   A person who claims under a law in force in Australia to have rights of access to a child in a convention country may request a responsible Central Authority to have arrangements made for establishing, organising or securing the effective exercise of those rights in that convention country.

Note:   For persons who should be regarded as having a right of access to a child, see paragraph   111B(4)(d) of the Act.

  (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), it must 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 who 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 who made the request; and

  (b)   include the reason for the refusal.