FAMILY LAW (CHILD ABDUCTION CONVENTION) REGULATIONS 1986 - REG 29 Evidentiary provisions

FAMILY LAW (CHILD ABDUCTION CONVENTION) REGULATIONS 1986 - REG 29

  (1)   This regulation applies in a proceeding in a court under regulation   14, 19A or 25 in which the applicant is a responsible Central Authority.

  (2)   The application under regulation   14, 19A or 25, or a request under regulation   13, 24 or 25 relating to that application, or any document attached to or given in support of that application or request, is admissible as evidence of the facts stated in that application, request or document.

  (3)   An affidavit of a witness who resides outside Australia that is filed in the proceeding is admissible as evidence even if the witness does not attend the proceeding for cross - examination.

  (4)   A statement contained in a document that claims:

  (a)   to set out or summarise evidence given in a proceeding in a court in a convention country, or before a competent authority of that country, in relation to the custody of a child and to have been signed by the person before whom the evidence was given; or

  (b)   to set out or summarise evidence taken in a convention country for the purpose of a proceeding under these Regulations (whether in response to a request made by the court or otherwise) and to have been signed by the person before whom the evidence was taken; or

  (c)   to have been received as evidence in a proceeding in a court in a convention country or before a competent authority of that country in relation to the custody of a child and to have been signed by a judge, an officer of the court or that authority;

is admissible as evidence of any fact stated in the document to the same extent as oral evidence of that fact, without proof of that person's signature or official position.

  (5)   The court may take judicial notice of the following matters:

  (a)   a law in force in a convention country;

  (b)   a decision of a judicial or administrative character made by a judicial or administrative authority of a convention country.

  (6)   A document that claims:

  (a)   to be an order, or a copy of an order, of a court in a convention country, or a decision of a competent authority of that country, in relation to the custody of a child; and

  (b)   to have been signed by a judge, an officer of the court or that authority;

is admissible as evidence of that order or decision without proof of that person's signature or official position.

  (7)   In this regulation:

"custody" , in relation to a child, includes:

  (a)   guardianship of the child; and

  (b)   responsibility for the long - term or day - to - day care, welfare and development of the child; and

  (c)   responsibility as the person or persons with whom the child is to live.