FAMILY LAW (CHILD ABDUCTION CONVENTION) REGULATIONS 1986 - REG 25A Orders
FAMILY LAW (CHILD ABDUCTION CONVENTION) REGULATIONS 1986 - REG 25A
Orders(1) If a court is satisfied that it is desirable to do so, the court may, in relation to an application made under subregulation 25(1):
(a) make an order of a kind mentioned in that regulation; and
(b) make any other order that the court considers to be appropriate to give effect to the Convention; and
(c) include in an order to which paragraph (a) or (b) applies a condition that the court considers to be appropriate to give effect to the Convention.
(2) In determining an application made under subregulation 25(1) seeking an order of the kind mentioned in paragraph 25(1)(a), the court must have regard to the matters set out in section 111CW of the Act if the convention country under the laws of which the person mentioned in paragraph 24(1)(a) claims to have access rights to the child is also a Convention country within the meaning of subsection 111CA(1) of the Act.
(3) The court may make an order under subregulation (1) regardless of:
(a) whether an order or determination (however described) has been made under a law in force in another convention country about rights of access to the child concerned; or
(b) if the child was removed to Australia--when that happened; or
(c) whether the child has been wrongfully removed to, or retained in, Australia.
(4) If the responsible Central Authority applies to the court for an order under subregulation (1), and the order is made, the Commonwealth Central Authority or the State Central Authority is not required to make or pay for the arrangements that are necessary to give effect to the order.