FAMILY LAW (CHILD ABDUCTION CONVENTION) REGULATIONS 1986 - REG 24 Request for access to child in Australia

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

  (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.