FAMILY LAW (CHILD ABDUCTION CONVENTION) REGULATIONS 1986 - REG 28 Change of venue

FAMILY LAW (CHILD ABDUCTION CONVENTION) REGULATIONS 1986 - REG 28

  (1)   This regulation applies if:

  (a)   an application (the original application ) is made to a court in a State or Territory (the first jurisdiction ) under regulation   14, 19A or 25; and

  (b)   the child who is the subject of the original application is located in another State or Territory (the second jurisdiction ) before the application is determined.

  (1A)   The Central Authority in the second jurisdiction may make a corresponding application (a later application ) to another registry of the court, or to another court, in the second jurisdiction.

  (2)   If a later application is made, the applicant for the later application must:

  (a)   refer in the later application to the original application; and

  (b)   as soon as practicable, inform the relevant Registrar of the court in which the original application was filed, in writing, of the later application.

  (2A)   As soon as practicable after receiving information under paragraph   (2)(b), the relevant Registrar of the court in which the original application was filed must transfer all records and other documents filed in the court relating to the original application to the relevant Registrar of the court in which the later application is made.

  (3)   Subject to subregulation   (4), proceedings in relation to an original application are taken to have been discontinued when a later application is made.

  (4)   If an order is made before proceedings are discontinued by operation of subregulation   (3), the order remains in force until an order is made in relation to a later application.

  (5)   In proceedings in relation to a later application, the court may have regard to:

  (a)   a record, or another document filed in the court, in relation to an original application; and

  (b)   evidence given to a court in relation to an original application.