New South Wales Consolidated Acts

CHILD PROTECTION (INTERNATIONAL MEASURES) ACT 2006 - SECT 13

13 Limitation if a competent authority of Convention country is asked to assume jurisdiction

(1) A New South Wales court may order the Director-General to request, in a way the Director-General considers appropriate, a competent authority of a Contracting State referred to in Article 8, paragraph 2 of the Child Protection Convention:

(a) to assume jurisdiction under Article 8 of the Child Protection Convention for protecting the person of a child, and

(b) as the competent authority considers necessary, to take measures to protect the person of a child, and

(c) to report to the court about the outcome of the request.

(2) In addition, the New South Wales court may make any other order it considers necessary for an order under subsection (1).

(3) The New South Wales court may make the order under subsection (1) only if the court considers that the competent authority is better placed to assess the child’s best interests.

(4) The New South Wales court may accept or reject a request under Article 9 of the Child Protection Convention made by a competent authority of a Contracting State referred to in Article 8, paragraph 2 of the Child Protection Convention for the competent authority to assume jurisdiction to take a measure for protecting the person of the child.

(5) If the competent authority assumes jurisdiction under the request, a New South Wales court must not exercise jurisdiction under section 9 (2) (a), (b) (iii)-(v), (c) or (d) while the competent authority continues to exercise its jurisdiction.