FAMILY LAW ACT 1975 No. 53 of 1975 - SECT 68 Overseas custody orders.

FAMILY LAW ACT 1975 No. 53 of 1975 - SECT 68

68. (1) The regulations may make provision for and in relation to the
registration in courts in Australia of overseas custody orders.

(2) Where an overseas custody order is registered in a court under this
section, the order has the same force and effect as if it were an order made
by that court under this Act.

(3) Where an overseas custody order is so registered, a court in Australia
shall not, where it becomes aware of the order, exercise jurisdiction in
proceedings for the custody of, or access to, the child the subject of the
overseas custody order, unless-

   (a)  every person having rights of custody or access in relation to the
        child under the overseas custody order consents to the exercise of
        jurisdiction by the court in the proceedings; or

   (b)  the court is satisfied that there are substantial grounds for
        believing that the welfare of the child will be adversely affected if
        the court does not exercise jurisdiction in the proceedings.

(4) Where the court exercises jurisdiction in proceedings for the custody of,
or access to, a child who is the subject of an overseas custody order, the
court shall not make an order with respect to the custody of, or access to,
the child unless the person who instituted the proceedings satisfies the
court-

   (a)  that the welfare of the child is likely to be adversely affected if
        the order is not made; or

   (b)  that there has been such a change in the circumstances of the child
        that the order ought to be made.