New South Wales Consolidated Acts

CHILD PROTECTION (INTERNATIONAL MEASURES) ACT 2006 - SECT 20

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

(1) A New South Wales court may order, or invite the parties to proceedings before the court to ask, the NSW Trustee to request, in a way the NSW Trustee 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 appointing, or deciding the powers of, a guardian of the child’s property, and

(b) as the competent authority considers necessary, to take a measure appointing, or deciding the powers of, a guardian of the child’s property, 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 or issue the invitation 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, or at the invitation of, a competent authority of a Contracting State referred to in Article 8, paragraph 2 of the Convention, for the competent authority to assume jurisdiction to take measures for the protection of the child’s property.

(5) If the competent authority assumes jurisdiction under the request, a New South Wales court must not exercise jurisdiction under section 16 (2) (a), (b) (iii)-(v) or (c) while the competent authority continues to exercise its jurisdiction.