Commonwealth Consolidated Regulations

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

Request for access to child in convention country

         (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 Form 3; and

               (b)    in accordance with the Convention.

         (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.



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