Commonwealth Consolidated Regulations Commonwealth Consolidated Regulations(subregulation 2(1A))
Form 2 -- Application initiating proceedings (other than for access)
(subregulations 14(1), (2) and (3))
COMMONWEALTH OF AUSTRALIA
Family Law (Child Abduction Convention) Regulations 1986
APPLICATION INITIATING PROCEEDINGS (OTHER THAN FOR ACCESS)
( Title as under applicable Rules of Court )
DATE OF FILING:
* APPLICANT'S ADDRESS FOR SERVICE:
To: ( Full name of respondent )
TAKE NOTICE that the attached application HAS BEEN SET DOWN FOR HEARING by the Court at
on the day of ( year )
at * am/ * pm
AND FURTHER TAKE NOTICE THAT--
(a) if you wish to defend this application but to raise no new issues, you may, at the earliest practicable date before the return day set out above, file and serve an affidavit setting out briefly the matters on which you rely;
(b) if you wish to defend this application and to seek some order other than the order sought in this application, you may, at the earliest practicable date before the return day set out above, file and serve a cross - application and an affidavit in support; and
(c) if you do not appear at the hearing, the Court may proceed to make the orders sought, or similar orders, in your absence,
Dated this day of (year )
.................
APPLICATION
( Full name of applicant ) ,
whose occupation is ,
applies for the following orders:
(a)
(b)
( if insufficient space attach statement of orders sought )
Details concerning child
1. The child, ( full name ) ,
was born on the day of ( year ).
2. The habitual residence of the child immediately prior to the removal or retention of the child was , a convention country.
3. The child has been wrongfully removed or retained from the country referred to in paragraph 2.
4. The child is now residing with ( full name ) ,
( relationship, if any, to child ) ,
at .
Details concerning child's custodian
5. The applicant under the Convention, ( full name ) ,
( relationship, if any, to child ) , of
( address ) , has rights of custody in respect of the child by reason of the following factual and legal circumstances:
( include details of any custody order )
Details concerning child's removal or retention
6. The child was removed or retained on the day
of ( year ), in the following circumstances:
Pending proceedings in Australia
* 7. The following are particulars of pending family law or child welfare proceedings concerning the child:
( set out brief particulars of any pending proceedings and the court in which the proceedings are pending )
or
* 7. There are no pending family law or child welfare proceedings concerning the child.
Attachments
8. The request for return of the child under the Convention is attached.
9. The following documents are also attached:
* (a) certified copy of relevant decision or agreement concerning rights of custody or rights of access;
* (b) certificate or affidavit as to the applicable law;
* (c) information relating to the social background of the child;
* (e) authorization empowering the Central Authority to act on behalf of the applicant;
* (f) other ( specify ).
Dated this day of (year )
.......................
( Signature of applicant )
* Cross out whichever is not applicable.
AFFIDAVIT
I, ( full name, address and occupation )
make oath and say/affirm:
1. I am the applicant in, and I have read, this application.
2. The facts stated in this application that are within my personal knowledge are true. All other facts stated in this application are true to the best of my knowledge, information and belief.
SWORN ( or AFFIRMED) by the
applicant at
on the day of ( year )
...........................
( Signature of applicant )
Before me:
...........................
( Signature and title of person
before whom affidavit is sworn )
Form 2A -- Answer/*and cross application
(subregulation 14(4))
COMMONWEALTH OF AUSTRALIA
Family Law (Child Abduction Convention) Regulations 1986
ANSWER/ * AND CROSS APPLICATION
( Title as under applicable Rules of Court )
In answer to the application filed on the day of ( year ), and served on the day of ( year ), the respondent states that:
( set out matters to be pleaded )
1. .........................................................
2. .........................................................
AFFIDAVIT
I, ( full name, address and occupation )
make oath and say/affirm:
1. I am the respondent in, and I have read, this answer.
2. The facts stated in this answer that are within my personal knowledge are true. All other facts stated in this answer are true to the best of my personal knowledge, information and belief.
SWORN (or AFFIRMED) by the
respondent at
on the day of ( year )
.............................
( Signature of respondent )
Before me:
..................................................................
( Signature and title of person before
whom affidavit sworn or affirmed )
* CROSS APPLICATION
( Title as under applicable Rules of Court )
( Full name of respondent )
whose occupation is
applies for the following orders:
(a)
(b)
( if insufficient space attach statement of orders sought )
Details concerning child
1. The child, ( full name ) , was born on the
day of ( year ).
2. The child is now residing with ( full name )
( relationship, if any, to child )
at
Details concerning respondent's rights to custody/access
3. The respondent, ( full name ) ,
( relationship, if any, to child ) , of
( address ) ,
has rights of * custody/ * access in respect of the child by reason of the following factual and legal circumstances:
( include details of any custody/access order )
Pending proceedings in Australia
4. The following are particulars of pending family law or child welfare proceedings concerning the child:
( set out brief particulars of any pending proceedings and the court in which the proceedings are pending )
Attachments
5. The following documents are also attached:
* (a) certified copy of relevant decisions or agreement
concerning rights of custody or rights of access;
* (b) information relating to the social background of the
* (c) other ( specify ) .
Dated this day of (year )
...........................
( Signature of respondent )
* Cross out if not applicable.
AFFIDAVIT
I, ( full name, address and occupation )
make oath and say/affirm:
1. I am the respondent in, and I have read, this cross application.
2. The facts stated in this cross application that are within my personal knowledge are true. All other facts stated in this cross application are true to the best of my personal knowledge, information and belief.
SWORN (or AFFIRMED) by the
respondent at
on the day of ( year )
......................
................ ( Signature of respondent )
Before me:
...........................................................
( Signature and title of person
before whom affidavit sworn or affirmed )
(subregulation 14(4))
COMMONWEALTH OF AUSTRALIA
Family Law (Child Abduction Convention) Regulations 1986
REPLY TO ANSWER/ * AND CROSS APPLICATION
( Title as under applicable Rules of Court )
In reply to the answer/ * and cross application filed on the day of ( year ) and served on the day of ( year ), the applicant states:
( set out matters in reply to answer/cross application )
1. ........................................................................................................
2. ........................................................................................................
* Cross out if not applicable.
AFFIDAVIT
I, ( full name, address and occupation )
make oath and say/affirm:
1. I am the applicant in, and I have read, this reply.
2. The facts stated in this reply that are within my personal knowledge are true. All other facts stated in this reply are true to the best of my knowledge, information and belief.
SWORN (or AFFIRMED) by the
applicant at
on the day of ( year )
.....................
( Signature of applicant )
Before me:
......................................................................
(Signature and title of person
before whom affidavit sworn)
Form 2C -- Warrant for the apprehension or detention of a child
(regulation 31)
COMMONWEALTH OF AUSTRALIA
Family Law (Child Abduction Convention) Regulations 1986
WARRANT FOR THE APPREHENSION OR DETENTION OF A CHILD
File No: | Applicant: |
At: | Respondent: |
TO: * The Marshal
* All Agents of the Australian Federal Police
* All Officers of the Police Forces of the States and Territories of Australia
In compliance with the order of the Court dated [ date ] under * regulation 15/ * regulation 25A of the Family Law (Child Abduction Convention) Regulations 1986 , and on the application of [ name of applicant ], THIS WARRANT DIRECTS THAT:
1.You are authorised, with such assistance as is necessary and reasonable, and, if necessary and reasonable, by force, to find and recover the child [ name of child ] born on [ date of child's birth ].
2.You are required to deliver the child to [ name and address of person or agency to whom the child is to be delivered ].
3.If the circumstances of the child's removal or retention are so serious or urgent as to justify search and entry of a vehicle, vessel, aircraft or premises, you are authorised, with such assistance as is necessary and reasonable, and, if necessary and reasonable, by force, to stop, enter and search any vehicle, vessel or aircraft, and to enter and search any premises, that you reasonably believe the child is in or on.
* 4.This warrant remains in force until [ date ].
DATED:
By the Court
............................................
* Omit if not applicable
Form 2D -- Application to discharge return order
(subregulation 19A(1))
COMMONWEALTH OF AUSTRALIA
Family Law (Child Abduction Convention) Regulations 1986
APPLICATION TO DISCHARGE RETURN ORDER
( Title as under applicable Rules of Court )
Details concerning child
1. The child, ( full name ) ,
was born on the day of ( year ) .
2. The habitual residence of the child immediately before the removal or retention of the child was , a convention country.
3. The child is now residing with ( full name ) ,
( relationship, if any, to child ) ,
at .
Details concerning child's custodian
4. The applicant under the Convention, ( full name ) ,
( relationship, if any, to child ) , of
( address ) , has rights of custody in respect of the child by reason of the following factual and legal circumstances:
( include details of any custody order )
Details concerning child's removal or retention
5. The child was removed or retained on the day
of ( year ), in the following circumstances:
Judicial proceedings in Australia
* 6. The following are particulars of any family law or child welfare proceedings concerning the child:
( set out brief particulars of any proceedings and the court in which the proceedings )
or
* 6. There are no pending family law or child welfare proceedings concerning the child.
Attachments
7. The request for the discharge of the return of the child under the Convention is attached.
8. The following documents are also attached:
* (a) certified copy of relevant decision or agreement concerning rights of custody or rights of access;
* (b) certificate or affidavit as to the applicable law;
* (c) information relating to the social background of the child;
* (d) authorisation empowering the Central Authority to act on behalf of the applicant;
* (e) other ( specify ).
Dated this day of ( year )
.......................
( Signature of applicant )
AFFIDAVIT
I, ( full name, address and occupation )
make oath and say/affirm:
1. I am the applicant in, and I have read, this application.
2. The facts stated in this application that are within my personal knowledge are true. All other facts stated in this application are true to the best of my knowledge, information and belief.
SWORN (or AFFIRMED) by
the applicant at
on the day of ( year )
.....................
( Signature of applicant )
Before me:
......................................................................
(
Signature and title of person
before whom affidavit sworn )
* Omit if not applicable
Form 4 -- Application initiating proceedings for access
(subregulation 25(1))
COMMONWEALTH OF AUSTRALIA
Family Law (Child Abduction Convention) Regulations 1986
APPLICATION INITIATING PROCEEDINGS FOR ACCESS
( Title of proceedings as under applicable Rules of Court )
DATE OF FILING:
RESPONSIBLE CENTRAL AUTHORITY'S ADDRESS FOR SERVICE:
To: ( Full name of respondent )
TAKE NOTICE that the attached application HAS BEEN SET DOWN FOR HEARING by the Court at on the
day of ( year ), at * am/ * pm
AND FURTHER TAKE NOTICE THAT--
(a) if you wish to defend this application but to raise no new issues, you may, at the earliest practicable date before the return day set out above, file and serve an affidavit setting out briefly the matters on which you rely;
(b) if you wish to defend this application and to seek some order other than the order sought in this application, you may, at the earliest practicable date before the return day set out above, file and serve a cross - application and an affidavit in support; and
(c) if you do not appear at the hearing, the Court may proceed to make the orders sought, or similar orders, in your absence.
Dated this day of (year )
........................................
APPLICATION
( Full name of applicant ) ,
whose occupation is ,
and who represents the responsible Central Authority, applies for the following orders:--
(a)
(b)
( if insufficient space attach statement of orders sought ) .
Details concerning child
1. The child, ( full name ) , was born
on the day of ( year ).
2. The habitual residence of the child immediately prior to any breach of rights of access was , a convention country.
3. The child is now residing with ( full name ) ,
( relationship, if any, to child ) ,
at .
Details concerning rights of custody of child
4. ( Full name ) , ( relationship ,
if any, to child ) , of
( address ) has rights of custody in respect of the child by reason of the following factual and legal circumstances:
( include details of any custody order )
Details concerning rights of access/time spent or communication with the child
* 5. The applicant under the Convention on the Civil Aspects of International Child Abduction,
( full name ) , ( relationship, if any, to child ), of ( address ) , has rights of access in respect of the child by reason of the following factual and legal circumstances:
( include details of any access order )
or
* 5. The applicant under the Convention ( full name ) ,
( relationship, if any, to child ) ,
of
(
address ) , has no
existing rights of access in respect
of the child but wishes to
establish or secure a parenting order under Australian law specifying
with whom a child is to spend
time or communicate..
6. The following are the circumstances in which rights of access have been breached or enjoyment of access denied:
Pending proceedings in Australia
* 7. The following are particulars of pending family law or child welfare proceedings concerning the child:
( set out brief particulars of any pending proceedings and the court in which the proceedings are pending )
or
* 7. There are no pending family law or child welfare proceedings concerning the child.
Attachments
8. The request in relation to rights of access to the child under the Convention is attached.
9. The following documents are also attached:
* (a) certified copy of relevant decision or agreement concerning rights of custody or rights of access;
* (b) certificate or affidavit as to the applicable law;
* (c) information relating to the social background of the child;
* (d) authorization empowering the responsible Central Authority to act on behalf of the applicant;
* (e) other ( specify ).
Dated this day of ( year )
( Signature of applicant )
* Cross out whichever is not applicable.
AFFIDAVIT
I, ( full name, address and occupation )
make oath and say/affirm:
1. I am the applicant in, and I have read, this application.
2. The facts stated in this application that are within my personal knowledge are true. All other facts stated in this application are true to the best of my knowledge, information and belief.
SWORN (or AFFIRMED) by
the applicant at
on the day of ( year )
................
................ ( Signature of applicant )
Before me:
.................................................................
( Signature and title of person
before whom affidavit sworn )
Form 4A -- Answer/*and cross application (access)
(subregulation 25(2))
COMMONWEALTH OF AUSTRALIA
Family Law (Child Abduction Convention) Regulations 1986
ANSWER/ * AND CROSS APPLICATION (ACCESS)
( Title of proceedings as under applicable Rules of Court )
In answer to the application filed on the day of ( year )
and served on the day of ( year ), the respondent states that:
( set out matters to be pleaded )
1. ........................................................................................................
2. ........................................................................................................
AFFIDAVIT
I, ( full name, address and occupation )
make oath and say/affirm:
1. I am the respondent in, and I have read, this answer.
2. The facts stated in this answer that are within my personal knowledge are true. All other facts stated in this answer are true to the best of my personal knowledge, information and belief.
SWORN (or AFFIRMED) by the applicant at
on the day of ( year )
Before me: ...........................
( Signature of applicant )
.................................................................
( Signature and title of person before
whom affidavit sworn or affirmed )
* CROSS APPLICATION
( Title of proceedings as under applicable Rules of Court )
( Full name of respondent )
whose occupation is
applies for the following orders:
(a)
(b)
( if insufficient space, attach statement of orders sought ).
Details concerning child
1. The child, ( full name ) , was born on
the day of ( year ).
2. The child is now residing with ( full name )
( relationship, if any, to child )
at
Details concerning rights of access/custody
* 3. The respondent, ( Full name ) , ( relationship ,
if any, to child ) , of
( address ) has rights of
*
access/ * custody in respect of the child by reason of the following
factual and legal circumstances:
( include details of any access/custody order )
or
Pending proceedings in Australia
4. The following are particulars of pending family law or child welfare proceedings concerning the child:
( set out brief particulars of any pending proceedings and the court in which the proceedings are pending )
Attachments
5. The following documents are attached:
* (a) certified copy of relevant decision or agreement concerning rights of custody or rights of access;
* (b) information relating to the social background of the child;
* (c) other ( specify ) .
Dated this day of ( year )
( Signature of respondent )
* Cross out if not applicable.
AFFIDAVIT
I, ( Full name, address and occupation )
make oath and say/affirm:
1. I am the respondent in, and I have read, this cross application.
2. The facts stated in this cross application that are within my personal knowledge are true. All other facts stated in this cross application are true to the best of my knowledge, information and belief.
SWORN (or AFFIRMED) by the
respondent at
on the day of ( year )
Before me: ........................
( Signature of respondent )
.................................................................
( Signature and title of person before
whom affidavit sworn or affirmed )
(subregulation 25(2))
COMMONWEALTH OF AUSTRALIA
Family Law (Child Abduction Convention) Regulations 1986
REPLY TO ANSWER/ * AND CROSS APPLICATION (ACCESS)
( Title of proceedings as under applicable Rules of Court )
In reply to the answer/ * and cross application filed on
the day of ( year ) and served on
the day of ( year ), the applicant states:
( set out matters in reply )
1. ...........................................................................................................
2. ...........................................................................................................
* Cross out if not applicable.
AFFIDAVIT
I, ( full name, address and occupation )
make oath and say/affirm:
1. I am the applicant in, and I have read, this reply.
2. The facts stated in this reply that are within my personal knowledge are true. All other facts stated in this reply are true to the best of my knowledge, information and belief.
SWORN (or AFFIRMED) by the
applicant at
on the day of ( year )
Before me: ........................
( Signature of applicant )
.................................................................
( Signature and title of person before
whom affidavit sworn or affirmed )