Commonwealth Consolidated Acts

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FAMILY LAW ACT 1975 - SECT 111CH

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

             (1)  The court may order, or invite the parties to proceedings before the court to ask the Commonwealth central authority, in a way the Commonwealth central authority considers appropriate, to request a competent authority described in Article 8, paragraph 2, of the Child Protection Convention:

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

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

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

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

             (3)  The court may only make the order or issue the invitation under subsection (1) if the court considers that the competent authority is better placed to assess the child's best interests.

             (4)  The 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 Convention country described in Article 8, paragraph 2 of the 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 court must not exercise jurisdiction in accordance with paragraph 111CD(1)(a), subparagraphs 111CD(1)(b)(iii) to (vi), or paragraph 111CD(1)(c) or (d), while the competent authority continues to exercise its jurisdiction.



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