Commonwealth Consolidated Regulations

FAMILY LAW REGULATIONS 1984 - REG 24

  (1)   This regulation applies if:

  (a)   a State child order, or a parenting order other than a child maintenance order, is made by a court in Australia in relation to a child who is under 18; and

  (b)   the order may be enforced in a prescribed overseas jurisdiction under provisions corresponding to Subdivision C of Division   13 of Part   VII of the Act.

  (2)   If the relevant Registrar of the court in which the order was made, registered or last varied, receives a written request from a person mentioned in subregulation   (3) to send the order to the prescribed overseas jurisdiction for registration and enforcement in that jurisdiction, the relevant Registrar must send the documents mentioned in subregulation   (4) to the appropriate court or authority in the prescribed overseas jurisdiction.

  (3)   For subregulation   (2), a request may be made by a person:

  (a)   with whom the child is supposed to live, spend time or communicate under the order; or

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

  (4)   For subregulation   (2), the documents are as follows:

  (a)   3 certified copies of the order;

  (b)   a certificate signed by the relevant Registrar stating that the order is, at the date of the certificate, enforceable in Australia;

  (c)   any information and material the relevant Registrar holds that may assist in identifying and locating the child or any other person who is subject to the order;

  (d)   a request in writing that the order be made enforceable in the prescribed overseas jurisdiction.

  (5)   If:

  (a)   the order is registered in a court in the prescribed overseas jurisdiction; and

  (b)   a court in that jurisdiction makes an order under a law corresponding to section   70J of the Act (the overseas order );

a court having jurisdiction under the Act may treat the overseas order as an overseas child order for the purposes of exercising jurisdiction under that section.

  (6)   If a court exercises jurisdiction under section   70J of the Act in relation to a child who is the subject of the overseas order, the relevant Registrar of the court must send to the court in the prescribed overseas jurisdiction:

  (a)   3 certified copies of any order made by the court and the reasons for the order; and

  (b)   such further material as the court directs.

  (7)   Nothing in this regulation prevents a person having a right of custody of or access to a child, or a right to spend time or communicate with the child, under the order from:

  (a)   obtaining certified copies of the order; or

  (b)   applying to a court in an overseas jurisdiction (whether or not it is a prescribed overseas jurisdiction) for registration and enforcement of the order in that jurisdiction.

  (8)   In this regulation:

"custody" , in relation to a child, includes:

  (a)   guardianship of the child; and

  (b)   responsibility for the long - term or day - to - day care, welfare and development of the child; and

  (c)   responsibility as the person or persons with whom the child is to live.

"overseas child order" has the meaning given by section   70F of the Act.