FAMILY LAW REFORM ACT 1995 No. 167 of 1995 - SECT 42 Convention on the Civil Aspects of International Child Abduction

FAMILY LAW REFORM ACT 1995 No. 167 of 1995 - SECT 42

42. Section 111B of the Principal Act is amended:

   (a)  by inserting "(the 'Convention')" after "1980";

   (b)  by adding at the end:

"(2) Because of amendments of this Act made by the Family Law Reform Act  1995
:

   (a)  a parent or guardian of a child is no longer expressly stated to have
        custody of the child; and

   (b)  a court can no longer make an order under this Act expressed in terms
        of granting a person custody of, or access to, a child.

"(3) The purpose of subsection (4) is to resolve doubts about the implications
of these changes for the Convention. That is the only purpose of the
subsection.

"(4) For the purposes of the Convention:

   (a)  each of the parents of a child should, subject to any order of a court
        for the time being in force, be regarded as having custody of the
        child; and

   (b)  a person who has a residence order in relation to a child should be
        regarded as having custody of the child; and

   (c)  a person who, under a specific issues order, is responsible for the
        day-to-day care, welfare and development of a child should be regarded
        as having custody of the child; and

   (d)  a person who has a contact order in relation to a child should be
        regarded as having a right of access to the child.
Note: The references in paragraphs (b), (c) and (d) to residence orders,
specific issues orders and contact orders also cover provisions of parenting
agreements registered under section 63E (see section 63F, in particular
subsection (3)).

"(5) Subsection (4) is not intended to be a complete statement of the
circumstances in which, under the laws of the Commonwealth, the States and the
Territories, a person has, for the purposes of the Convention, custody of, or
access to, a child, or a right or rights of custody or access in relation to a
child.

"(6) Expressions used in this section have the same meaning as they have in
Part VII.".