Commonwealth Numbered Regulations - Explanatory Statements

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FAMILY LAW (CHILD ABDUCTION CONVENTION) REGULATIONS (AMENDMENT) 1997NO. 98

STATUTORY RULES 1997 No. 98

Issued by the Authority of the Attorney-General and Minister for Justice

Family Law Act 1975

Family Law (Child Abduction Convention) Regulations (Amendment)

Subsection 125(1) of the Family Law Act 1975 (the Act) empowers the Governor-General to make regulations for the purposes of the Act.

Section 111B of the Act provides that the regulations may make such provision as is necessary to enable Australia to perform its obligations under the 1980 Convention on the Civil Aspects of International Child Abduction (the Convention).

The objects of the Convention are to secure the prompt return of children wrongfully removed to or retained in any Convention country, and to ensure that rights of custody and access to children under the laws of a Convention country are effectively respected in the other Convention countries. On 22 April 1986, the Family Law (Child Abduction Convention) Regulations were made to give effect to the Convention for Australia.

The Convention entered into force between Australia and Zimbabwe on 1 April 1996. Regulation 2 amends Schedule 2 of the Regulations to update the list of Convention countries by including Zimbabwe. Regulation 2 also amends Schedule 2 to the Regulations to note the date the Convention came into force between Zimbabwe and Australia and to note that Zimbabwe entered a reservation under Article 26 (third paragraph) of the Convention excluding any liability of the Zimbabwean Government for legal costs arising from court proceedings under the Convention.

The Regulations commenced on gazettal.