Commonwealth Consolidated Acts

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FAMILY LAW ACT 1975 - SECT 70J

Effect of registration on exercise of jurisdiction

             (1)  A court in Australia that is aware that an overseas child order is registered under section 70G must not exercise jurisdiction in proceedings for the making of a Subdivision C parenting order in relation to the child concerned unless:

                     (a)  each person:

                              (i)  with whom the child is supposed to live; or

                             (ii)  who is to spend time with the child; or

                            (iii)  who is to have contact with the child; or

                            (iv)  who has rights of custody or access in relation to the child;

                            under the overseas order consents to the exercise of jurisdiction by the court in the proceedings; or

                     (b)  the court is satisfied that there are substantial grounds for believing that the child's welfare requires that the court exercise jurisdiction in the proceedings.

             (2)  If a court exercises jurisdiction in proceedings for a Subdivision C parenting order in relation to a child who is the subject of an overseas child order, the court must not make a Subdivision C parenting order in relation to the child unless it is satisfied:

                     (a)  that the welfare of the child is likely to be adversely affected if the order is not made; or

                     (b)  that there has been such a change in the circumstances of the child since the making of the overseas child order that the Subdivision C parenting order ought to be made.



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