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FAMILY LAW ACT 1975 - SECT 70L

Relationship between Australian orders and registered overseas child orders

             (1)  In this section:

"Australian child order " means:

                     (a)  a Subdivision C parenting order; or

                     (b)  a State child order.

"responsible person " , in relation to an Australian child order or an overseas child order, means a person:

                     (a)  with whom the child is supposed to live under the order; or

                    (aa)  whom the child is supposed to spend time with under the order; or

                   (ab)  whom the child is supposed to have contact with under the order; or

                     (b)  who is responsible for the child's day-to-day care, welfare and development under the order; or

                     (c)  who has a right to custody of, or access to, the child under the order.

             (2)  This section applies if:

                     (a)  an Australian child order, whether made under this Part or another law, is in force under this Part in relation to a child; and

                     (b)  an overseas child order, other than an excluded order, that relates to the child but that has a different effect from the Australian order has been registered under section 70G (whether before or after the making of the Australian child order) and its registration has not been cancelled.

             (3)  A responsible person under the overseas child order may apply to a court having jurisdiction under this Part for the discharge of the Australian child order.

             (4)  A responsible person under the Australian child order may apply to a court having jurisdiction under this Part for the cancellation of the registration of the overseas child order.

             (5)  If an application is made under subsection (3) or (4), the court must:

                     (a)  if a condition specified in subsection (6) is satisfied--cancel the registration of the overseas child order; or

                     (b)  in any other case--discharge the Australian child order.

             (6)  For the purposes of paragraph (5)(a), the conditions are:

                     (a)  each responsible person under the overseas child order consents to the cancellation of the registration of the order; or

                     (b)  the court is satisfied that there are substantial grounds for believing that the child's welfare will be adversely affected if the overseas child order continues to operate in relation to the child; or

                     (c)  the court is satisfied that there has been a change in the circumstances of the child since the overseas child order was made that makes it inappropriate for the order to continue to operate in relation to the child.



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