FAMILY LAW (CHILD ABDUCTION CONVENTION) REGULATIONS 1986 - REG 4 Meaning of rights of custody

FAMILY LAW (CHILD ABDUCTION CONVENTION) REGULATIONS 1986 - REG 4

  (1)   For these Regulations, a person, institution or other body has rights of custody in relation to a child if:

  (a)   the child was habitually resident in Australia or in a convention country immediately before his or her removal or retention; and

  (b)   rights of custody in relation to the child are attributed to the person, institution or other body, either jointly or alone, under a law in force in Australia or in the convention country in which the child habitually resided immediately before his or her removal or retention.

  (2)   For the purposes of subregulation   (1), rights of custody include rights relating to the care of the person of the child and, in particular, the right to determine the place of residence of the child.

  (3)   For the purposes of this regulation, rights of custody may arise:

  (a)   by operation of law; or

  (b)   by reason of a judicial or administrative decision; or

  (c)   by reason of an agreement having legal effect under a law in force in Australia or a convention country.