Commonwealth Consolidated Regulations

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FAMILY LAW (CHILD ABDUCTION CONVENTION) REGULATIONS 1986 - REG 24

Request for access to child in Australia

         (1)   The Commonwealth Central Authority must take action to establish, organise or secure the effective exercise of rights of access to a child in Australia if:

                (a)    it receives a request from a Central Authority on behalf of a person who claims:

                          (i)    to have rights of access to the child under a law in force in a convention country; and

                         (ii)    that those rights have been breached; and

               (b)    it is satisfied that the request is in accordance with the Convention.

         (2)   The Commonwealth Central Authority may, by notice in writing, refuse to accept a request received by it if it is satisfied that the request is not in accordance with the Convention.

         (3)   A notice under subregulation (2) must:

                (a)    be sent to the Central Authority that sent the request; and

               (b)    include the reason for the refusal.

         (4)   For subregulation (1), the action taken may include any of the following:

                (a)    transferring the request to a State Central Authority;

               (b)    applying to a court under regulation 25 for an order that is necessary or appropriate to establish, organise or secure the effective exercise of the rights of access to which the request relates;

                (c)    seeking an amicable resolution in relation to the rights of access to the child.



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