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FAMILY LAW ACT 1975 - SECT 111CI

When a certain Commonwealth personal protection measure lapses

             (1)  A Commonwealth personal protection measure relating to a child that is taken by a court exercising jurisdiction in accordance with subparagraph 111CD(1)(b)(i) or (ii) lapses if:

                     (a)  a foreign personal protection measure relating to the child is taken by a competent authority of a Convention country; and

                     (b)  any of the following applies:

                              (i)  the child is habitually resident in the Convention country;

                             (ii)  the child is present in the Convention country and is a refugee child;

                            (iii)  a request to assume jurisdiction is made to the competent authority of the Convention country by, or at the invitation of, a competent authority of the country of the child's habitual residence;

                            (iv)  a competent authority of the country of the child's habitual residence agrees to the competent authority of the Convention country assuming jurisdiction;

                             (v)  a competent authority of the Convention country is exercising jurisdiction in proceedings concerning the divorce or separation of the child's parents or the annulment of their marriage (but see subsection (2));

                            (vi)  the child has been wrongfully removed from or retained outside the Convention country and a competent authority of the Convention country keeps jurisdiction under Article 7 of the Child Protection Convention.

             (2)  Subparagraph (1)(b)(v) only applies if:

                     (a)  one or both of the child's parents are habitually resident in the Convention country when the proceedings referred to in that subparagraph are started; and

                     (b)  one or both of the parents has parental responsibility for the child; and

                     (c)  the jurisdiction of the competent authority of the Convention country to take the measure is accepted by the parents and each other person with parental responsibility for the child; and

                     (d)  the exercise of jurisdiction to take the measure is in the best interests of the child; and

                     (e)  the proceedings on the application for divorce or separation of the child's parents or the annulment of their marriage have not been finalised.

             (3)  A Commonwealth personal protection measure relating to a child that is taken by a court exercising jurisdiction in a case of urgency, or in the taking of a measure of a provisional character, lapses if:

                     (a)  a measure required by the situation for protecting the person of the child is taken by a competent authority of a non-Convention country; and

                     (b)  the measure is registered:

                              (i)  in accordance with regulations made for the purposes of section 70G; or

                             (ii)  under a law of a State or Territory.



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