Family Law (Child Abduction Convention) Regulations 1986
Statutory Rules 1986 No. 85 as amended
made under the
This compilation was prepared on 18 October 2000
taking into account amendments up to SR 2000 No. 275
Prepared by the Office of Legislative Drafting,
Attorney-General’s Department, Canberra
Contents
Page
Part 1 Preliminary
1 Name of regulations [see Note 1]
2 Interpretation
3 Meaning of removal and retention
4 Meaning of rights of custody
5 Commonwealth Central Authority — duties, powers and functions
6 These regulations do not affect other powers of, or rights of application to, a court
7 Immunity of Commonwealth Central Authority etc in respect of orders to pay costs
8 State Central Authority — appointment
9 State Central Authority — duties, powers and functions
10 Convention countries
Part 2 Applications to central authorities, except for access
11 Application for return of child abducted from Australia
13 Application for return of child abducted to Australia
Part 3 Court applications, except for access
14 Applications to court
15 Orders
16 Orders for the return of children
17 Requests for orders — wrongful removal or retention
18 Effect of other custody orders in Australia or overseas
19 When a court not to make certain orders
20 Arrangements for return of child
21 Security for costs etc
Part 4 Applications for access
24 Access — convention countries
25 Access — Australia
Part 5 General
26 Reports by family and child counsellors and welfare officers [see Note 2]
27 Service of notice of certain applications
28 Change of venue
29 Evidentiary provisions
30 Costs of applications
Schedule 1 Convention on the civil aspects of international child abduction
Schedule 2 Convention countries
Schedule 3 Forms
Form 1 Application in accordance with the Hague Convention on the civil aspects of international child abduction for the return of a child abducted from Australia
Form 2 Application initiating proceedings [see Note 3]
Form 2A Answer/*and cross application
Form 2B Reply to answer/*and cross application
Form 2C Warrant for the apprehension or detention of a child
Form 3 Application for rights of access in accordance with the Hague Convention on the civil aspects of international child abduction
Form 4 Application initiating proceedings
Form 4A Answer/*and cross application
Form 4B Reply to answer/*and cross application
Notes
1 Name of Regulations [see Note 1]
These Regulations are the Family Law (Child Abduction Convention) Regulations 1986.
(1) In these Regulations, unless the contrary intention appears:
applicant means a person who has made an application referred to in regulation 11, 13 or 24, as the case requires.
Central Authority has the meaning it has in the Convention.
child means a person who has not attained the age of 16 years.
Commonwealth Central Authority means the Secretary to the Department.
Convention or Convention on the Civil Aspects of International Child Abduction means the Convention on the Civil Aspects of International Child Abduction referred to in section 111B of the Act, a copy of the English text of which is set out in Schedule 1.
convention country means a country that under regulation 10 is a convention country.
court means a court having jurisdiction under paragraph 39 (5) (d), 39 (5A) (a) or 39 (6) (d) of the Act.
filed has the same meaning as in the Family Law Regulations.
Registrar means:
(a) in relation to the Family Court, or the Family Court of Western Australia — the Registrar, or a Deputy Registrar, of the court; and
(b) in relation to any other court — the principal officer of the other court.
removal has the meaning given in subregulation 3 (1).
responsible Central Authority, in relation to action to be taken in a State or Territory, means the Commonwealth Central Authority or the State Central Authority of that State or Territory, as the case requires.
retention has the meaning given in subregulation 3 (2).
rights of access include the right to take a child for a limited period of time to a place other than the child’s habitual residence.
rights of custody has the meaning given in regulation 4.
State Central Authority means a person appointed under subregulation 8 (1) to be the Central Authority of a State or Territory.
the Act means the Family Law Act 1975.
Note The following expressions used in these Regulations are defined in subsection 4 (1) of the Act:
(1A) A reference in these regulations to a form by number is a reference to the form so numbered in Schedule 3.
(1B) Unless the contrary intention appears, an expression that is used in these regulations and in the Convention has the same meaning in these regulations as in the Convention.
(1C) A reference in these regulations to a child who is removed:
(a) from Australia to a convention country; or
(b) from a convention country to another convention country or to Australia;
includes a reference to the removal of the child to the convention country concerned or to Australia, as the case may be, whether or not the child is first removed to another country.
(2) The purpose of these regulations is to give effect to section 111B of the Act.
3 Meaning of removal and retention
(1) A reference in these regulations to the removal of a child is a reference to the removal of that child in breach of the rights of custody of a person, an institution or another body in relation to the child if, at the time of removal, those rights:
(a) were actually exercised, either jointly or alone; or
(b) would have been so exercised but for the removal of the child.
(2) A reference in these regulations to the retention of a child is a reference to the retention of that child in breach of the rights of custody of a person, an institution or another body in relation to the child if, at the time of retention, those rights:
(a) were actually exercised, either jointly or alone; or
(b) would have been so exercised but for the retention of the child.
4 Meaning of rights of custody
(1) For the purposes of these regulations, a person, an institution or another body has rights of custody in relation to a child, if:
(a) the child was habitually resident in Australia or in a convention country immediately before his or her removal or retention; and
(b) rights of custody in relation to the child are attributed to the person, institution or other body, either jointly or alone, under a law in force in the convention country in which the child habitually resided immediately before his or her removal or retention.
(2) For the purposes of subregulation (1), rights of custody include rights relating to the care of the person of the child and, in particular, the right to determine the place of residence of the child.
(3) For the purposes of this regulation, rights of custody may arise:
(a) by operation of law; or
(b) by reason of a judicial or administrative decision; or
(c) by reason of an agreement having legal effect under a law in force in Australia or a convention country.
5 Commonwealth Central Authority — duties, powers and functions
(1) In addition to the other functions conferred on the Commonwealth Central Authority by these regulations, the functions of the Commonwealth Central Authority are:
(a) to do, or co-ordinate the doing of, anything that is necessary to enable the performance of the obligations of Australia, or to obtain for Australia any advantage or benefit, under the Convention; and
(b) to advise the Attorney-General, either on the initiative of the Commonwealth Central Authority or on a request made to that Authority by the Attorney-General, on all matters that concern, or arise out of performing, those obligations, including any need for additional legislation required for performing those obligations; and
(c) to do everything that is necessary or appropriate to give effect to the Convention in relation to the welfare of a child on the return of the child to Australia.
(2) The Commonwealth Central Authority has all the duties, may exercise all the powers, and shall perform all the functions, that a Central Authority has under the Convention.
(3) The Commonwealth Central Authority must perform its functions and exercise its powers as quickly as a proper consideration of each matter relating to the performance of a function or the exercise of a power allows.
6 These regulations do not affect other powers of, or rights of application to, a court
(1) These regulations are not to be taken as removing or affecting any power of a court, or the right of any person or body to apply to a court, under Part VII of the Act or under any other law in force in Australia.
(2) These regulations are not to be taken as preventing a court from making an order at any time under Part VII of the Act or under any other law in force in Australia for the return of a child to the country in which he or she habitually resided immediately before his or her removal or retention.
7 Immunity of Commonwealth Central Authority etc in respect of orders to pay costs
A person who holds office as the Commonwealth Central Authority, who is appointed to act as that Authority or who, being a State Central Authority, exercises the powers and performs the functions of that office shall not be made subject to any order to pay costs in relation to his or her exercising the powers, or performing the functions, of the Commonwealth Central Authority.
8 State Central Authority — appointment
(1) The Attorney-General may appoint a person to be the Central Authority of a State or Territory for the purposes of these regulations.
(2) The power to appoint a person under subregulation (1) includes a power to appoint any person from time to time holding, occupying or performing the duties of a specified office or position of the Commonwealth or of a State or Territory.
(3) An appointment of a person under subregulation (1) may be expressed to have effect only in such circumstances as are specified in the instrument of appointment.
9 State Central Authority — duties, powers and functions
Subject to subregulation 8 (3), a State Central Authority has all the duties, may exercise all the powers, and may perform all the functions, of the Commonwealth Central Authority.
Subject to Article 40 of the Convention, each of the following countries is a convention country:
(a) a country specified in column 2 of an item in Schedule 2, being a country:
(i) as between Australia and which the Convention entered into force on the date specified in column 3 of that item; and
(ii) that has acceded to the Convention with reservations in accordance with Article 42 of the Convention in respect of any provisions specified in column 4 of that item;
(b) any other country in respect of which the Convention has entered into force for Australia.
Part 2 Applications to central authorities, except for access
11 Application for return of child abducted from Australia
(1) If a person, an institution or another body claims under a law in force in Australia to have rights of custody of a child who is:
(a) removed from Australia to a convention country; or
(b) retained in a convention country;
the person, institution or other body may apply in writing to a responsible Central Authority to have the claim transmitted to the Central Authority in the country to which the child has been removed or in which the child is retained.
(2) An application under subregulation (1) shall be in accordance with Form 1.
(3) Where an application under subregulation (1) is made to a State Central Authority and that Authority is satisfied that the application is in accordance with the requirements of the Convention, the State Central Authority shall forward the application to the Commonwealth Central Authority.
(4) Where the Commonwealth Central Authority is satisfied that an application made to it under subregulation (1) or an application forwarded to that Authority under subregulation (3) is in accordance with the requirements of the Convention, the Commonwealth Central Authority shall take on behalf of the applicant any action required to be taken by a Central Authority under the Convention.
13 Application for return of child abducted to Australia
(1) If the Commonwealth Central Authority:
(a) receives an application in relation to a child who has been removed from a convention country to, or retained in, Australia; and
(b) is satisfied that the application is in accordance with the Convention and with these regulations;
the Commonwealth Central Authority must take action under the Convention to secure the return of the child to the country in which he or she habitually resided immediately before his or her removal or retention.
(2) The Commonwealth Central Authority may refuse to accept an application received by it if it is satisfied that the application is not in accordance with the Convention.
(3) As soon as possible after the Commonwealth Central Authority refuses under subregulation (2) to accept an application, it must inform the applicant, or the Central Authority through which the application was made to the Commonwealth Central Authority, of the refusal and of the reason for the refusal.
(4) For the purposes of subregulation (1), action that must be taken by the Commonwealth Central Authority includes seeking:
(a) an amicable resolution of the differences between the applicant and the person opposing return of the child in relation to the removal or retention of the child; and
(b) the voluntary return of the child; and
(c) an order under Part 3.
Part 3 Court applications, except for access
(1) In relation to a child who is removed from a convention country to, or retained in, Australia, the responsible Central Authority may apply to a court in accordance with Form 2 for:
(a) an order for the return of the child to the country in which he or she habitually resided immediately before his or her removal or retention; or
(b) an order for the issue of a warrant for the apprehension or detention of the child authorising a person named or described in the warrant, with such assistance as is necessary and reasonable and if necessary and reasonable by force, to:
(i) stop, enter and search any vehicle, vessel or aircraft; or
(ii) enter and search premises;
if the person reasonably believes that:
(iii) the child is in or on the vehicle, vessel, aircraft or premises, as the case may be; and
(iv) the entry and search is made in circumstances of such seriousness or urgency as to justify search and entry under the warrant; or
(c) an order directing that the child not to be removed from a place specified in the order and that members of the Australian Federal Police are to prevent removal of the child from that place; or
(d) an order requiring such arrangements to be made as are necessary for the purpose of placing the child with an appropriate person, institution or other body to secure the welfare of the child pending the determination of an application under regulation 13; or
(e) any other order that the responsible Central Authority considers to be appropriate to give effect to the Convention.
(2) In relation to a child who is removed from Australia to, or retained in, a convention country, the responsible Central Authority may apply to a court in accordance with Form 2 for:
(a) an order for the issue of a warrant for the apprehension or detention of the child authorising a person named or described in the warrant, with such assistance as is necessary and reasonable and if necessary and reasonable by force, to:
(i) stop, enter and search any vehicle, vessel or aircraft; or
(ii) enter and search premises;
if the person reasonably believes that:
(iii) the child is in or on the vehicle, vessel, aircraft or premises, as the case may be; and
(iv) the entry and search is made in circumstances of such seriousness or urgency as to justify search and entry under the warrant; or
(b) an order that the responsible Central Authority considers to be necessary or appropriate to give effect to the Convention in relation to the welfare of the child after his or her return to Australia; or
(c) any other order that the responsible Central Authority considers to be appropriate to give effect to the Convention.
(3) A person on whom a copy of an application is served by a responsible Central Authority may file an answer, or an answer and a cross application, in accordance with Form 2A.
(4) If an answer, or an answer and a cross application, is made, the responsible Central Authority may file a reply in accordance with Form 2B.
(5) A warrant issued under paragraph (1) (b) or (2) (a) must be in accordance with Form 2C.
(1) If a court is satisfied that it is desirable to do so, the court may, in relation to an application made under regulation 14:
(a) make an order of a kind mentioned in that regulation; and
(b) make any other order that the court considers to be appropriate to give effect to the Convention; and
(c) include in an order to which paragraph (a) or (b) applies a condition that the court considers to be appropriate to give effect to the Convention.
(2) A court must, so far as practicable, give to an application such priority as will ensure that the application is dealt with as quickly as a proper consideration of each matter relating to the application allows.
(3) If a court is satisfied that there is an appreciable possibility or a threat that a child will be removed from Australia, the court may order the delivery of the passport of the child, and of any other relevant person, to the responsible Central Authority, a member of the Australian Federal Police, or such other person as the court considers appropriate, on such conditions as the court considers to be appropriate to give effect to the Convention.
(4) If an application made under regulation 14 is not determined by a court within the period of 42 days commencing on the day on which the application is made:
(a) the responsible Central Authority who made the application may request the Registrar of the court to state in writing the reasons for the application not having been determined within that period; and
(b) as soon as practicable after a request is made, the Registrar must give the statement to the responsible Central Authority.
16 Orders for the return of children
(1) Subject to subregulations (2) and (3), on application under regulation 14, a court must make an order for the return of a child:
(a) if the day on which the application was filed is less than 1 year after the day on which the child was removed to, or first retained in, Australia; or
(b) if the day on which the application was filed is at least 1 year after the day on which the child was removed to, or first retained in, Australia unless the court is satisfied that the child is settled in his or her new environment.
(2) A court must refuse to make an order under subregulation (1) if it is satisfied that:
(a) the removal or retention of the child was not a removal or retention of the child within the meaning of these regulations; or
(b) the child was not an habitual resident of a convention country immediately before his or her removal or retention; or
(c) the child had attained the age of 16; or
(d) the child was removed to, or retained in, Australia from a country that, when the child was removed to, or first retained in Australia, was not a convention country; or
(e) the child is not in Australia.
(3) A court may refuse to make an order under subregulation (1) if a person opposing return establishes that:
(a) the person, institution or other body making application for return of a child under regulation 13:
(i) was not actually exercising rights of custody when the child was removed to, or first retained in, Australia and those rights would not have been exercised if the child had not been so removed or retained; or
(ii) had consented or subsequently acquiesced in the child being removed to, or retained in, Australia; or
(b) there is a grave risk that the return of the child to the country in which he or she habitually resided immediately before the removal or retention would expose the child to physical or psychological harm or otherwise place the child in an intolerable situation; or
(c) the child objects to being returned and has attained an age and degree of maturity at which it is appropriate to take account of the child’s views; or
(d) the return of the child would not be permitted by the fundamental principles of Australia relating to the protection of human rights and fundamental freedoms.
(4) For the purposes of subregulation (3), the court must take into account any information relating to the social background of the child that is provided by the Central Authority or other competent authority of the country in which the child habitually resided immediately before his or her removal or retention.
(5) The court to which an application for the return of a child is made is not precluded from making an order for the return of a child to the country in which he or she habitually resided immediately before his or her removal or retention only because a matter mentioned in subregulation (3) is established by a party opposing return.
17 Requests for orders — wrongful removal or retention
(1) On application, a court may by order declare that:
(a) the removal of a child from Australia to a convention country; or
(b) the retention of a child in a convention country;
was wrongful within the meaning of Article 3 of the Convention.
(2) The court may request a responsible Central Authority to arrange for the person, institution or other body making application in relation to the return of a child to a convention country, or the retention of a child in Australia, to obtain an order of a court, or a decision of a competent authority, of the country in which the child habitually resided immediately before his or her removal or retention declaring that the removal or retention was wrongful within the meaning of Article 3 of the Convention.
18 Effect of other custody orders in Australia or overseas
(1) The following rules apply to the hearing of an application made under subregulation 14 (1) or (2):
(a) the court must not refuse to make an order for the return of the child to the country in which he or she habitually resided immediately before his or her removal or retention only because there is in force or enforceable in Australia an order relating to the custody of the child;
(b) the court may take into account the reasons for the making of any order relating to the custody of the child;
(c) an order for the return of the child does not determine the merits of any custody issue in relation to the child.
(2) In this regulation, custody, in relation to a child, includes:
(a) guardianship of the child; and
(b) responsibility for 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.
19 When a court not to make certain orders
If an application for the return of a child is made, a court must not make an order, except an interim order, providing for the custody of the child, within the meaning of regulation 18, until the application is determined.
20 Arrangements for return of child
(1) Where an order is made under regulation 16, the responsible Central Authority shall cause such arrangements as are necessary to be made in accordance with the order for the return of the child to the country in which he or she habitually resided immediately before his or her removal or retention.
(2) If, within 7 days after the making of an order under regulation 16, the responsible Central Authority has not been notified that the order has been stayed in accordance with sub-rule 1 (10) of Order 32 of the applicable Rules of Court, the child shall be returned to the country in which he or she habitually resided immediately before his or her removal or retention.
A responsible Central Authority or a court, as the case may be, shall not require any security or bond for the payment of costs or expenses of or incidental to proceedings falling within the scope of the Convention.
Part 4 Applications for access
24 Access — convention countries
(1) If a person, an institution or another body claims under a law in force in Australia to have rights of access to a child, the person, institution or other body may apply in writing to a responsible Central Authority to have arrangements made for organising or securing effective exercise of the rights by the Central Authority in a convention country.
(2) Where an application under subregulation (1) is made to a State Central Authority, and that Authority is satisfied that the application is in accordance with the requirements of the Convention, the State Central Authority shall forward the application to the Commonwealth Central Authority.
(3) An application under subregulation (1) shall be in accordance with Form 3.
(4) Where the Commonwealth Central Authority is satisfied that:
(a) an application referred to in subregulation (1) or (2); or
(b) an application forwarded to the Commonwealth Central Authority by the Central Authority of a convention country in relation to rights of access to a child in Australia;
is an application to which the Convention applies and is in accordance with the requirements of the Convention, the Commonwealth Central Authority shall take such steps as are necessary for the purpose of enabling the performance of the obligations of Australia under Article 21 of the Convention.
(5) The responsible Central Authority may refuse to accept an application if it is satisfied that the application is not in accordance with the Convention.
(6) As soon as practicable after the responsible Central Authority refuses to accept an application, it must inform the applicant, or the Central Authority through which the application was made, of the refusal and of the reason for the refusal.
(1) A Central Authority may apply to a court for an order that is necessary or appropriate to organise or secure the effective exercise of rights of access to a child in Australia by a person, an institution or another body having rights of access to the child, being:
(a) an order for the issue of a warrant for the apprehension or detention of the child authorising a person named or described in the warrant, with such assistance as is necessary and reasonable and if necessary and reasonable by force, to:
(i) stop, enter and search any vehicle, vessel or aircraft; or
(ii) enter and search premises;
if the person reasonably believes that:
(iii) the child is in or on the vehicle, vessel, aircraft or premises, as the case may be; and
(iv) the entry and search is made in circumstances of such seriousness or urgency as to justify search and entry under the warrant; or
(b) any other order that the Central Authority considers to be appropriate to give effect to the Convention.
(2) An application must be in accordance with Form 4.
(3) If an application is made, the respondent may file an answer, or an answer and a cross application, in accordance with Form 4A.
(4) A court may, in respect of:
(a) an application made under subregulation (1); or
(b) an answer, or an answer and a cross application, made under subregulation (3);
make any order in relation to rights of access to a child that the court considers appropriate to give effect to the Convention.
(5) If an answer, or an answer and a cross application, is made under subregulation (3), the applicant may file a reply in accordance with Form 4B.
(6) A warrant issued under paragraph (1) (a) must be in accordance with Form 2C.
26 Reports by family and child counsellors and welfare officers [see Note 2]
(1) In proceedings under these regulations in a court, the court may:
(a) direct a family and child counsellor or welfare officer to report to the court on such matters that are relevant to the proceedings as the court considers to be appropriate; and
(b) adjourn the proceedings until the report is made.
(2) A family and child counsellor or welfare officer may include in a report, in addition to the matters required to be included in the report, any other matter that relates to the welfare of the child.
(3) The court may make such orders, or give such further directions, as it considers appropriate in relation to the preparation of the report including, if the court considers it appropriate, orders or directions in relation to the attendance on the family and child counsellor or welfare officer of a party to the proceedings or of the child.
(4) If a person fails to comply with any order or direction under subregulation (3), the family and child counsellor or welfare officer must report the failure to the court.
(5) If, under subregulation (4), a family and child counsellor or welfare officer reports to the court a failure of the kind referred to in that subsection, the court may give such further directions in relation to the preparation of the report as the court considers appropriate.
(6) A report made to the court in accordance with a direction given under this regulation may be received in evidence in any proceedings under these regulations.
(7) The court may direct the Commonwealth Central Authority or a State Central Authority to inform a Central Authority in a convention country about a matter that:
(a) relates to the welfare of the child; and
(b) under subregulation (2) — is included in a report.
27 Service of notice of certain applications
(1) Subject to subregulation (2), notice of an application under regulation 14, 24 or 25 that includes a copy of the application must be served by the applicant in accordance with the applicable Rules of Court on:
(a) the person or persons who removed or retained the child in relation to whom the application is made; and
(b) the person, institution or other body in possession of the child;
as each case requires.
(2) In accordance with the applicable Rules of Court, the court to which an application referred to in subregulation (1) is made may dispense with service of notice of the application under that subregulation.
(1) If, before an application (in this regulation called an original application) made under regulation 14, 24 or 25 to a court in a State or Territory is determined the child who is the subject of the application is located in another State or Territory:
(a) the responsible Central Authority for the other State or Territory may make a corresponding application to another registry of the court, or to another court, in the other State or Territory (in this regulation called a later application); and
(b) if a later application is made — the responsible Central Authority for the other State or Territory:
(i) must refer in the later application to the original application; and
(ii) must, as soon as practicable, inform the Registrar of the first-mentioned court in writing of the later application.
(2) As soon as practicable after being informed under subparagraph (1) (b) (ii), the court to which an original application is made must transfer all records, and other documents filed in the court, relating to the original application to the Registrar of the court to which a later application is made.
(3) Subject to subregulation (4), proceedings in relation to an original application are taken to have been discontinued when a later application is made.
(4) If an order is made before proceedings are discontinued by operation of subregulation (2), the order remains in force until an order is made in relation to a later application.
(5) In proceedings in relation to a later application, the court may have regard to:
(a) a record, or another document filed in the court, in relation to an original application; and
(b) evidence given to a court in relation to an original application.
(1) In proceedings under these regulations in a court:
(a) an application under regulation 13, 14, 24 or 25 or any document attached to or forwarded in support of that application is admissible as evidence of the facts stated in the application or document; and
(b) the affidavit of a witness who resides outside Australia that is filed in the proceedings is admissible as evidence in the proceedings despite his or her non-attendance for cross-examination in the proceedings.
(2) In proceedings under these regulations in a court, a statement contained in a document that purports:
(a) to set out or summarise evidence given in proceedings in a court in a convention country, or before a competent authority of that country, in relation to the custody of a child and to have been signed by the person before whom the evidence was given;
(b) to set out or summarise evidence taken into a convention country for the purposes of proceedings under these regulations (whether in response to a request made by the court or otherwise) and to have been signed by the person before whom the evidence was taken; or
(c) to have been received as evidence in proceedings in a court in a convention country or before a competent authority of that country in relation to the custody of a child and to have been signed by a judge or other officer of the court or that authority;
is admissible as evidence of any fact stated in the document to the same extent as oral evidence of that fact, without proof of the signature of the person purporting to have signed it or of the official position of that person.
(3) In proceedings under these regulations in a court, the court may take judicial notice of the following matters:
(a) a law in force in a convention country;
(b) a decision of a judicial or administrative character made by a judicial or administrative authority of a convention country.
(4) In proceedings under these regulations in a court, a document that purports:
(a) to be an order, or a copy of an order, of a court in a convention country, or a decision of a competent authority of that country, in relation to the custody of a child; and
(b) to have been signed by a judge or other officer of the court or by that authority;
is admissible as evidence of that order or decision, as the case may be, without proof of the signature of the person purporting to have signed it or of the official position of that person.
(5) In this regulation, custody, in relation to a child, includes:
(a) guardianship of the child; and
(b) responsibility for 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.
If a court makes an order under regulation 15, 17, 24 or 25 the court may, on the application of the responsible Central Authority, make an order directing that the necessary expenses incurred by or on behalf of the applicant, including:
(a) travelling expenses; and
(b) costs incurred in respect of locating a child; and
(c) costs of legal representation of the applicant; and
(d) expenses incurred in respect of the return of the child;
be paid by the person who removed the child to, or retained the child in, Australia or who prevented the exercise of rights of access, as the case may be.
Schedule 1 Convention on the civil aspects of international child abduction
(regulation 2)
The States signatory to the present Convention,
Firmly convinced that the interests of children are of paramount importance in matters relating to their custody,
Desiring to protect children internationally from the harmful effects of their wrongful removal or retention and to establish procedures to ensure their prompt return tot he State of their habitual residence, as well as to secure protection for rights of access,
Have resolved to conclude a Convention to this effect, and have agreed upon the following provisions—
CHAPTER I—SCOPE OF THE CONVENTION
Article 1
The objects of the present Convention are—
a to secure the prompt return of children wrongfully removed to or retained in any Contracting State; and
b to ensure that rights of custody and of access under the law of one Contracting State are effectively respected in the other Contracting States.
Article 2
Contracting States shall take all appropriate measures to secure within their territories the implementation of the objects of the Convention. For this purpose they shall use the most expeditious procedures available.
Article 3
The removal or the retention of a child is to be considered wrongful where—
a it is in breach of rights of custody attributed to a person, an institution or any other body, either jointly or alone, under the law of the State in which the child was habitually resident immediately before the removal or retention; and
b at the time of removal or retention those rights were actually exercised, either jointly or alone, or would have been so exercised but for the removal or retention.
The rights of custody mentioned in sub-paragraph a above, may arise in particular by operation of law or by reason of a judicial or administrative decision, or by reason of an agreement having legal effect under the law of that State.
Article 4
The Convention shall apply to any child who was habitually resident in a Contracting State immediately before any breach of custody or access rights. The Convention shall cease to apply when the child attains the age of 16 years.
Article 5
For the purposes of this Convention—
a ‘rights of custody’ shall include rights relating to the care of the person of the child and, in particular, the right to determine the child’s place or residence;
b ‘rights of access’ shall include the right to take a child for a limited period of time to a place other than the child’s habitual residence.
CHAPTER II—CENTRAL AUTHORITIES
Article 6
A Contracting State shall designate a Central Authority to discharge the duties which are imposed by the Convention upon such authorities.
Federal States, States with more than one system of law or States having autonomous territorial Organizations shall be free to appoint more than one Central Authority and to specify the territorial extend of their powers. Where a State has appointed more than one Central Authority, it shall designate the Central Authority to which applications may be addressed for transmission to the appropriate Central Authority within that State.
Article 7
Central Authorities shall co-operate with each other and promote co‑operation amongst the competent authorities in their respective States to secure the prompt return of children and to achieve the other objects of this Convention.
In particular, either directly or through any intermediary, they shall take all appropriate measures—
a to discover the whereabouts of a child who has been wrongfully removed or retained;
b to prevent further harm to the child or prejudice to interested parties by taking or causing to be taken provisional measures;
c to secure the voluntary return of the child or to bring about an amicable resolution of the issues;
d to exchange, where desirable, information relating to the social background of the child;
e to provide information of a general character as to the law of their State in connection with the application of the Convention;
f to initiate or facilitate the institution of judicial or administrative proceedings with a view to obtaining the return of the child and, in a proper case, to make arrangements for organizing or securing the effective exercise of rights of access;
g where the circumstances so require, to provide or facilitate the provision of legal aid and advice, including the participation of legal counsel and advisers;
h to provide such administrative arrangements as may be necessary and appropriate to secure the safe return of the child;
i to keep each other informed with respect to the operation of this Convention and, as fare as possible, to eliminate any obstacles to its application.
CHAPTER III—RETURN OF CHILDREN
Article 8
Any person, institution or other body claiming that a child has been removed or retained in breach of custody rights may apply either to the Central Authority of the child’s habitual residence or to the Central Authority of any other Contracting State for assistance in securing the return of the child.
The application shall contain—
a information concerning the identity of the applicant, of the child and of the person alleged to have removed or retained the child;
b where available, the date of birth of the child;
c the grounds on which the applicant’s claim for return of the child is based;
d all available information relating to the whereabouts of the child and the identity of the person with whom the child is presumed to be.
The application may be accompanied or supplemented by—
e an authenticated copy of any relevant decision or agreement;
f a certificate or an affidavit emanating from a Central Authority, or other competent authority of the State of the child’s habitual residence, or from a qualified person, concerning the relevant law of that State;
g any other relevant document.
Article 9
If the Central Authority which receives an application referred to in Article 8 has reason to believe that the child is in another Contracting State, it shall directly and without delay transmit the application to the Central Authority of that Contracting State and inform the requesting Central Authority, or the applicant, as the case may be.
Article 10
The Central Authority of the State where the child is shall take or cause to be taken appropriate measures in order to obtain the voluntary return of the child.
Article 11
The judicial or administrative authorities of Contracting States shall act expeditiously in proceedings for the return of children.
If the judicial or administrative authority concerned has not reached a decision within six weeks from the date of commencement of the proceedings, the applicant or the Central Authority of the requesting State, shall have the right to request a statement of the reasons for the delay. If a reply is received by the Central Authority of the requested State, that Authority shall transmit the reply to the Central Authority of the requesting State, or to the applicant, as the case may be.
Article 12
Where a child has been wrongfully removed or retained in terms of Article 3 and, at the date of the commencement of the proceedings before the judicial or administrative authority of the Contracting State where the child is, a period of less than one year has elapsed from the date of the wrongful removal or retention, the authority concerned shall order the return of the child forthwith.
The judicial or administrative authority, even where the proceedings have been commenced after the expiration of the period of one year referred to in the preceding paragraph, shall also order the return of the child unless it is demonstrated that the child is now settled in its new environment.
Where the judicial or administrative authority in the requested State has reason to believe that the child has been taken to another State, it may stay the proceedings or dismiss the application for the return of the child.
Article 13
Notwithstanding the provisions of the preceding Article, the judicial or administrative authority of the requested State is not bound to order the return of the child if the person, institution or other body which opposes its return establishes that—
a the person, institution or other body having the care of the person of the child was not actually exercising the custody rights at the time of removal or retention, or had consented to or subsequently acquiesced in the removal or retention; or
b there is a grave risk that his or her return would expose the child to physical or psychological harm or otherwise place the child in an intolerable situation.
The judicial or administrative authority may also refuse to order the return of the child if it finds that the child objects to being returned and has attained an age and degree of maturity at which it is appropriate to take account of its views.
In considering the circumstances referred to in this Article, the judicial and administrative authorities shall take into account the information relating to the social background of the child provided by the Central Authority or other competent authority of the child’s habitual residence.
Article 14
In ascertaining whether there has been a wrongful removal or retention within the meaning of Article 3, the judicial or administrative authorities of the requested State may take notice directly of the law of, and of judicial or administrative decisions, formally recognized or not in the State of the habitual residence of the child, without recourse of the specific procedures for the proof of that law or for the recognition of foreign decisions which would otherwise be applicable.
Article 15
The judicial or administrative authorities of a Contracting State may, prior to the making of an order for the return of the child, request that the applicant obtain from the authorities of the State of the habitual residence of the child a decision or other determination that the removal or retention was wrongful within the meaning of Article 3 of the Convention where such a decision or determination may be obtained in that State. The Central Authorities of the Contracting States shall so far as practicable assist applicants to obtain such a decision or determination.
Article 16
After receiving notice of a wrongful removal or retention of a child in the sense of Article 3, the judicial or administrative authorities of the Contracting State to which the child has been removed or in which it has been retained shall not decide on the merits of rights of custody until it has been determined that the child is not to be returned under this Convention or unless an application under this Convention is not lodged within a reasonable time following receipt of the notice.
Article 17
The sole fact that a decision relating to custody has been given in or is entitled to recognition in the requested State shall not be a ground for refusing to return a child under this Convention, but the judicial or administrative authorities of the requested State may take account of the reasons for that decision in applying this Convention.
Article 18
The provisions of this Chapter do not limit the power of a judicial or administrative authority to order the return of the child at any time.
Article 19
A decision under this Convention concerning the return of the child shall not be taken to be a determination on the merits of any custody issue.
Article 20
The return of the child under the provisions of Article 12 may be refused if this would not be permitted by the fundamental principles of the requested State relating to the protection of human rights and fundamental freedoms.
Article 21
An application to make arrangements for organizing or securing the effective exercise of rights of access may be presented to the Central Authorities of the Contracting States in the same way as an application for the return of a child.
The Central Authorities are bound by the obligations of co-operation which are set forth in Article 7 to promote the peaceful enjoyment of access rights and the fulfilment of any conditions to which the exercise of those rights may be subject. The Central Authorities shall take steps to remove, as far as possible, all obstacles to the exercise of such rights.
The Central Authorities, either directly or through intermediaries, may initiate or assist in the institution of proceedings with a view to organizing or protecting these rights and securing respect for the conditions to which the exercise of these rights may be subject.
Article 22
No security, bond or deposit, however described, shall be required to guarantee the payment of costs and expenses in the judicial or administrative proceedings falling within the scope of this Convention.
Article 23
No legalization or similar formality may be required in the context of this Convention.
Article 24
Any application, communication or other document sent to the Central Authority of the requested State shall be in the original language, and shall be accompanied by a translation into the official language or one of the official languages of the requested State or, where that is not feasible, a translation into French or English.
However, a Contracting State may, by making a reservation in accordance with Article 42, object to the use of either French or English, but not both, in any application, communication or other document sent to its Central Authority.
Article 25
Nationals of the Contracting States and person who are habitually resident within those States shall be entitled in matters concerned with the application of this Convention to legal aid and advice in any other Contracting State on the same conditions as if they themselves were nationals of and habitually resident in that State.
Article 26
Each Central Authority shall bear its own costs in applying this Convention.
Central Authorities and other public services of Contracting States shall not impose any charges in relation to applications submitted under this Convention. In particular, they may not required any payment from the applicant towards the costs and expenses of the proceedings or, where applicable, those arising from the participation of legal counsel or advisers. However, they may require the payment of the expenses incurred or to be incurred in implementing the return of the child.
However, a Contracting State may, by making a reservation in accordance with Article 42, declare that it shall not be bound to assume any costs referred to in the preceding paragraph resulting from the participation of legal counsel or advisers or from court proceedings, except insofar as those costs may be covered by its system of legal aid and advice.
Upon ordering the return of a child or issuing an order concerning rights of access under this Convention, the judicial or administrative authorities may, where appropriate, direct the person who removed or retained the child, or who prevented the exercise of rights of access to pay necessary expenses incurred by or on behalf of the applicant, including travel expenses, any costs incurred or payments made for locating the child, the costs of legal representation of the applicant, and those of returning the child.
Article 27
When it is manifest that the requirements of this Convention are not fulfilled or that the application is otherwise not well founded, a Central Authority is not bound to accept the application. In that case, the Central Authority shall forthwith inform the applicant or the Central Authority through which the application was submitted, as the case may be, of its reasons.
Article 28
A Central Authority may required that the application be accompanied by a written authorization empowering it to act on behalf of the applicant, or to designate a representative so to act.
Article 29
This Convention shall not preclude any person, institution or body who claims that there has been a breach of custody or access rights within the meaning of Article 3 or 21 from applying directly to the judicial or administrative authorities of a Contracting State, whether or not under the provisions of this Convention.
Article 30
Any application submitted to the Central Authorities or directly to the judicial or administrative authorities of a Contracting State in accordance with the terms of this Convention, together with documents and any other information appended thereto or provided by a Central Authority, shall be admissible in the courts or administrative authorities of the Contracting States.
Article 31
In relation to a State which in matters of custody of children has two or more systems of law applicable in different territorial units—
a any reference to habitual residence in that State shall be construed as referring to habitual residence in a territorial unit of that State;
b any reference to the law of the State of habitual residence shall be construed as referring to the law of the territorial unit in that State where the child habitually resides.
Article 32
In relation to a State which in matters of custody of children has two or more systems of law applicable to different categories of persons, any reference to the law of that State shall be construed as referring to the legal system specified by the law of that State.
Article 33
A State within which different territorial units have their own rules of law in respect of custody of children shall not be bound to apply this Convention where a State with a unified system of law would not be bound to do so.
Article 34
This Convention shall take priority in matters within its scope over the Convention of 5 October 1961 concerning the powers of authorities and the law applicable in respect of the protection of minors, as between Parties to both Conventions. Otherwise the present Convention shall not restrict the application of an international instrument in force between the State or origin and the State addressed or other law of the State addressed for the purposes of obtaining the return of a child who has been wrongfully removed or retained or of organizing access rights.
Article 35
This Convention shall apply as between Contracting States only to wrongful removals or retentions occurring after its entry into force in those States.
Where a declaration has been made under Article 39 or 40, the reference in the preceding paragraph to a Contracting State shall be taken to refer to the territorial unit or units in relation to which this Convention applies.
Article 36
Nothing in this Convention shall prevent two or more Contracting States, in order to limit the restrictions to which the return of the child may be subject, from agreeing among themselves to derogate from any provisions of this Convention which may imply such a restriction.
Article 37
The Convention shall be open for signature by the States which were Members of the Hague Conference on Private International Law at the time of its Fourteenth Session. It shall be ratified, accepted or approved and the instruments of ratification, acceptance or approval shall be deposited with the Ministry of Foreign Affairs of the Kingdom of the Netherlands.
Article 38
Any other State may accede to the Convention.
The instrument of accession shall be deposited with the Ministry of Foreign Affairs of the Kingdom of the Netherlands.
The Convention shall enter into force for a State acceding to it on the first day of the third calendar month after the deposit of its instrument of accession.
The accession will have effect only as regards the relations between the acceding State and such Contracting States as will have declared their acceptance of the accession. Such a declaration will also have to be made by any Member State ratifying, accepting or approving the Convention after an accession. Such declaration shall be deposited at the Ministry of Foreign Affairs of the Kingdom of the Netherlands: this Ministry shall forward, through diplomatic channels, a certified copy to each of the Contracting States.
The Convention will enter into force as between the acceding State and the State that has declared its acceptance of the accession on the first day of the third calendar month after the deposit of the declaration of acceptance.
Article 39
Any State, may at the time of signature, ratification, acceptance, approval or accession, declare that the Convention shall extent to all the territories for the international relations of which it is responsible, or to one or more of them. Such a declaration shall take effect at the time the Convention entered into force for that State.
Such declaration, as well as any subsequent extension, shall be notified to the Ministry of Foreign Affairs of the Kingdom of the Netherlands.
Article 40
If a Contracting State has two or more territorial units in which different systems of law are applicable in relation to matters dealt with in this Convention, it may at the time of signature, ratification, acceptance, approval or accession declare that this Convention shall extend to all its territorial units or only to one or more of them and may modify this declaration by submitting another declaration at any time.
Any such declaration shall be notified to the Ministry of Foreign Affairs of the Kingdom of the Netherlands and shall state expressly the territorial units to which the Convention applies.
Article 41
Where a Contracting State has a system of government under which executive, judicial and legislative powers are distributed between central and other authorities within that State, its signature or ratification, acceptance or approval of, or accession to this Convention, or its making of any declaration in terms of Article 40 shall carry no implication as to the internal distribution of powers within the State.
Article 42
Any State may, not later than the time of ratification, acceptance, approval or accession, or at the time of making a declaration in terms of Article 39 or 40, make one or both of the reservations provided for in Article 24 and Article 26, third paragraph. No other reservations shall be permitted.
Any State may at any time withdraw a reservation it has made. The withdrawal shall be notified to the Ministry of Foreign Affairs of the Kingdom of the Netherlands.
The reservation shall cease to have effect on the first day of the third calendar month after the notification referred to in the preceding paragraph.
Article 43
The Convention shall enter into force on the first day of the third calendar month after the deposit of the third instrument of ratification, acceptance, approval or accession referred to in Articles 37 and 38.
Thereafter the Convention shall enter into force—
1 for each State ratifying, accepting, approving or acceding to it subsequently, on the first day of the third calendar month after the deposit of its instrument of ratification, acceptance, approval or accession;
2 for any territory or territorial unit to which the Convention has been extended in conformity with Article 39 or 40, on the first day of the third calendar month after the notification referred to in that Article.
Article 44
The Convention shall remain in force for five years from the date of its entry into force in accordance with the first paragraph of Article 43 even for States which subsequently have ratified, accepted, approved it or acceded to it. If there has been no denunciation, it shall be renewed tacitly every five years.
Any denunciation shall be notified to the Ministry of Foreign Affairs of the Kingdom of the Netherlands at least six months before the expiry of the five year period. It may be limited to certain of the territories or territorial units to which the Convention applies.
The denunciation shall have effect only as regards the State which has notified it. The Convention shall remain in force for the other Contracting States.
Article 45
The Ministry of Foreign Affairs of the Kingdom of the Netherlands shall notify the States Members of the Conference, and the States which have acceded in accordance with Article 38, of the following—
1 the signatures and ratifications, acceptances and approves referred to in Article 37;
2 the accessions referred to in Article 38;
3 the date on which the Convention enters into force in accordance with Article 43;
4 the extensions referred to in Article 39;
5 the declarations referred to in Articles 38 and 40;
6 the reservations referred to in Article 24 and Article 26, third paragraph, and the withdrawals referred to in Article 42;
7 the denunciations referred to in Article 44.
Schedule 2 Convention countries
(regulation 10)
Item | Country | Date | Provision(s) |
1 | Canada | 1 January 1987 | Article 26, third paragraph |
2 | France | 1 January 1987 | Article 24 and Article 26, third paragraph |
3 | Luxembourg | 1 January 1987 | Article 26, third paragraph |
4 | Portugal | 1 January 1987 |
|
5 | Switzerland | 1 January 1987 |
|
6 | United Kingdom of Great Britain and Northern Ireland | 1 January 1987 | Article 26, third paragraph |
7 | Spain | 1 October 1987 |
|
8 | Hungary | 1 March 1988 |
|
9 | United States of America | 1 July 1988 | Article 24 and Article 26, third paragraph |
10 | Austria | 1 October 1988 |
|
11 | Norway | 1 April 1989 | Article 24 and Article 26, third paragraph |
12 | Sweden | 1 June 1989 | Article 26, third paragraph |
13 | Belize | 1 March 1990 | Article 26, third paragraph |
14 | Kingdom of the Netherlands | 1 September 1990 | Article 26, second paragraph |
15 | Federal Republic of Germany | 1 December 1990 | Article 26, third paragraph |
16 | Argentine Republic | 1 June 1991 |
|
17 | Denmark | 1 July 1991 | Article 24 and Article 26, third paragraph |
18 | Ireland | 1 October 1991 |
|
19 | Israel | 1 December 1991 | Article 26, third paragraph |
20 | Bosnia and Herzegovina | 1 December 1991 |
|
20a | Croatia | 1 December 1991 |
|
20B | The former Yugoslav Republic of Macedonia | 1 December 1991 |
|
20C | Federal Republic of Yugoslavia (Serbia and Montenegro) | 1 December 1991 |
|
21 | Mexico | 1 June 1992 |
|
22 | New Zealand | 1 June 1992 | Article 24 and Article 26, 3rd paragraph |
23 | Ecuador | 1 April 1993 |
|
24 | Burkina Faso | 1 April 1993 |
|
25 | Greece | 1 June 1993 | Article 24 and 26, second paragraph |
26 | Mauritius | 1 January 1994 | Article 26, third paragraph |
27 | Monaco | 1 January 1994 | Article 26, third paragraph |
28 | Poland | 1 January 1994 | Article 26, third paragraph |
29 | Romania | 1 January 1994 |
|
30 | Bahamas | 1 September 1994 |
|
31 | Honduras | 1 September 1994 | Article 26, third paragraph |
32 | Panama | 1 September 1994 | Article 26, third paragraph |
33 | Finland | 1 August 1994 | Article 24 |
34 | Chile | 1 November 1994 |
|
35 | Slovenia | 1 November 1994 |
|
36 | Italy | 1 May 1995 |
|
37 | Cyprus | 1 November 1995 |
|
38 | Saint Kitts | 1 November 1995 | Article 26, third paragraph |
39 | Zimbabwe | 1 April 1996 | Article 26, third paragraph |
40 | Venezuela | 1 January 1997 | Article 24 and Article 26, third paragraph |
41 | Hong Kong | 1 September 1997 | Article 26, third paragraph |
42 | Colombia | 1 December 1997 |
|
43 | Iceland | 1 December 1997 | Article 24 and |
44 | South Africa | 1 January 1998 | Article 24 and Article 26, third paragraph |
45 | Georgia | 1 January 1998 |
|
46 | Czech Republic | 1 March 1998 | Article 26, third paragraph |
47 | Republic of Belarus | 1 November 1998 | Article 26, third paragraph |
48 | Republic of Moldova | 1 November 1998 | Article 26, third paragraph |
49 | Turkmenistan | 1 November 1998 |
|
50 | Macau | 1 March 1999 |
|
51 | Montserrat | 1 March 1999 | Article 26, third paragraph |
52 | Bermuda | 1 March 1999 | Article 26, third paragraph |
53 | Republic of Paraguay | 1 April 1999 |
|
54 | Belgium | 1 May 1999 |
|
55 | Fiji | 1 May 2000 |
|
56 | Costa Rica | 1 May 2000 |
|
57 | Turkey | 1 August 2000 | Article 26, third paragraph |
(subregulation 11 (2))
Form 1 Application in accordance with the Hague Convention on the civil aspects of international child abduction for the return of a child abducted from Australia
COMMONWEALTH OF AUSTRALIA
Family Law (Child Abduction Convention) Regulations
APPLICATION IN ACCORDANCE WITH THE HAGUE CONVENTION ON THE CIVIL ASPECTS OF INTERNATIONAL CHILD ABDUCTION FOR THE RETURN OF A CHILD ABDUCTED FROM AUSTRALIA
REQUESTING CENTRAL AUTHORITY OR APPLICANT: | REQUESTED AUTHORITY: |
Concerns the following child: ............................................................. who will attain the age of 16 on .............................................. 19 ............
NOTE: The following particulars should be completed insofar as possible.
I — IDENTITY OF THE CHILD AND ITS PARENTS
1 Child
name and first names | ......................... |
date and place of birth | ................................ |
habitual residence before |
|
removal or retention | ......................... |
passport or identity card |
|
No., if any | ......................... |
description and photo, if |
|
possible (see annexes) | ......................... |
2 Parents
2.1 Mother: name and first names | ......................... |
date and place of birth | ................................ |
nationality | ......................... |
occupation | ......................... |
habitual residence | ......................... |
passport or identity card No., if any | ......................... |
2.2 Father: name and first names | ......................... |
date and place of birth | ......................... |
nationality | ......................... |
occupation | ................................ |
habitual residence | ......................... |
passport or identity card No., if any | ......................... |
2.3 Date and place of marriage | ......................... |
II — REQUESTING INDIVIDUAL OR INSTITUTION (who actually exercised custody before the removal or retention)
3 Name and first names | ......................... |
nationality of individual |
|
applicant | ......................... |
occupation of individual |
|
applicant | ......................... |
address | ......................... |
passport or identity card No., |
|
if any | ................................ |
relation to the child | ......................... |
name and address of legal |
|
adviser, if any | ......................... |
III — PLACE WHERE THE CHILD IS THOUGHT TO BE
4.1 Information concerning the |
|
person alleged to have removed |
|
or retained the child |
|
name and first names | ...................... |
date and place of birth, if known | ............................. |
nationality, if known | ......................... |
occupation | ................................ |
last known address | ......................... |
passport or identity card No., if any | ................................ |
description and photo, if possible (see annexes) | ......................... |
4.2 Address of the child | ......................... |
4.3 Other persons who might be able to supply additional information relating to the whereabouts of the child | ......................... |
| ......................... |
| ......................... |
| ................................ |
| ......................... |
IV — TIME, PLACE, DATE AND CIRCUMSTANCES OF THE WRONGFUL REMOVAL OR RETENTION
........................................................................................................
........................................................................................................
........................................................................................................
........................................................................................................
........................................................................................................
V — FACTUAL OR LEGAL GROUNDS JUSTIFYING THE REQUEST
........................................................................................................
........................................................................................................
........................................................................................................
.............................….......................................................................
........................................................................................................
VI — CIVIL PROCEEDINGS IN PROGRESS
........................................................................................................
........................................................................................................
........................................................................................................
........................................................................................................
........................................................................................................
VII — CHILD IS TO BE RETURNED TO:
a | name and first names | ......................... |
| date and place of birth | ......................... |
| address | ................................ |
| telephone number | ......................... |
b | proposed arrangements for return of the child | ......................... |
|
| ......................... |
|
| ................................ |
VIII — OTHER REMARKS
........................................................................................................
........................................................................................................
........................................................................................................
........................................................................................................
........................................................................................................
IX — LIST OF DOCUMENTS ATTACHED*
........................................................................................................
........................................................................................................
........................................................................................................
........................................................................................................
........................................................................................................
I authorise the requested Central Authority and its agents to act on my behalf and to do all things reasonable and necessary in connection with this application.
Date..............................................................................................
Place.............................................................................................
Signature and/or stamp of the requesting Central Authority or applicant
......................................................................................................
* e.g. Certified copy of relevant decision or agreement concerning rights of custody or rights of access; certificate or affidavit as to the applicable law; information relating to the social background of the child; authorization empowering the Central Authority to act on behalf of applicant.
Form 2 Application initiating proceedings [see Note 3]
(subregulations 14 (1) and (2))
COMMONWEALTH OF AUSTRALIA
Family Law (Child Abduction Convention) Regulations
APPLICATION INITIATING PROCEEDINGS
(Title 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 19 , at o’clock.
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 19 .
.................
Registrar.
APPLICATION
(Full name of applicant) ,
whose occupation is ,
and who represented 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 19 .
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 19 , 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 19 .
.......................
(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 19 .
...........................
(Signature of applicant)
Before me:
...........................
(Signature and title of person
before whom affidavit is sworn)
Form 2A Answer/*and cross application
(subregulation 14 (3))
COMMONWEALTH OF AUSTRALIA
Family Law (Child Abduction Convention) Regulations
ANSWER/*AND CROSS APPLICATION
(Title as under applicable Rules of Court)
In answer to the application filed on 19
and served on 19 , 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 19
.............................
(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 19
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
child;
*(c) other (specify).
Dated this day of 19 .
...........................
(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 19
......................
(Signature of respondent)
Before me:
...........................................................
(Signature and title of person
before whom affidavit sworn or affirmed)
Form 2B Reply to answer/*and cross application
(subregulation 14 (4))
COMMONWEALTH OF AUSTRALIA
Family Law (Child Abduction Convention) Regulations
REPLY TO ANSWER/*AND CROSS APPLICATION
(Title as under applicable Rules of Court)
In reply to the answer/*and cross application filed on 19
and served on 19 , 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 19
.....................
(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
(subregulations 14 (5) and 25 (6))
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 *subregulation 14 (1)/*subregulation 14 (2)/*subregulation 25 (1) 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
............................................
Registrar
*Omit if not applicable
Form 3 Application for rights of access in accordance with the Hague Convention on the civil aspects of international child abduction
(subregulation 24 (3))
COMMONWEALTH OF AUSTRALIA
Family Law (Child Abduction Convention) Regulations
APPLICATION FOR RIGHTS OF ACCESS IN ACCORDANCE WITH THE HAGUE CONVENTION ON THE CIVIL ASPECTS OF INTERNATIONAL CHILD ABDUCTION
REQUESTING CENTRAL AUTHORITY OR APPLICANT: | REQUESTED AUTHORITY: |
Concerns the following child: ..................................................., who will attain the age of 16 on ............................................................... 19........
NOTE: The following particulars should be completed insofar as possible.
I — IDENTITY OF THE CHILD AND ITS PARENTS
1 | Child |
|
| name and first names | ......................... |
| date and place of birth | ......................... |
| habitual residence | ......................... |
| passport or identity card No., if any | ......................... |
| description and photo, if possible (see annexes) | ......................... |
2 | Parents |
|
2.1 | Mother: name and first names | ......................... |
| date and place of birth | ......................... |
| nationality | ......................... |
| occupation | ......................... |
| habitual residence | ......................... |
| passport or identity card No., if any | ......................... |
2.2 | Father: name and first names | ......................... |
| date and place of birth | ......................... |
| nationality | ......................... |
| occupation | ......................... |
| habitual residence | ......................... |
| passport or identity card No., if any | ......................... |
2.3 | Date and place of marriage | ......................... |
II — REQUESTING INDIVIDUAL OR INSTITUTION
3 | Name and first names | ......................... |
| nationality of individual applicant | ......................... |
| occupation of individual applicant | ......................... |
| address | ......................... |
| passport or identity card No., if any | ......................... |
| relation to the child | ......................... |
| name and address of legal adviser, if any | ......................... |
III — PLACE WHERE THE CHILD IS THOUGHT TO BE
4.1 | Information concerning the person alleged to have prevented the exercise of rights of access or denied the enjoyment of access | |
| name and first names | ......................... |
| date and place of birth, if known | ......................... |
| nationality, if known | ......................... |
| occupation | ......................... |
| last known address | ......................... |
| passport or identity card No., if any | ......................... |
| description and photo, if possible (see annexes) | ......................... |
4.2 | Address of the child. | ......................... |
|
| ......................... |
|
| ......................... |
4.3 | Other persons who might be able to supply additional information relating to the whereabouts of the child | ......................... |
|
| ......................... |
|
| ......................... |
|
| ......................... |
|
| ......................... |
IV — CIRCUMSTANCES RELATING TO THE PREVENTION OF EXERCISE OF RIGHTS OF ACCESS
........................................................................................................
........................................................................................................
........................................................................................................
........................................................................................................
........................................................................................................
V — FACTUAL OR LEGAL GROUNDS JUSTIFYING THE REQUEST
........................................................................................................
........................................................................................................
........................................................................................................
........................................................................................................
........................................................................................................
VI — CIVIL PROCEEDINGS IN PROGRESS
........................................................................................................
........................................................................................................
........................................................................................................
........................................................................................................
........................................................................................................
VII — PROPOSED ARRANGEMENTS TO SECURE EXERCISE OF RIGHTS OF ACCESS
........................................................................................................
........................................................................................................
........................................................................................................
........................................................................................................
........................................................................................................
VIII — OTHER REMARKS
........................................................................................................
........................................................................................................
........................................................................................................
........................................................................................................
........................................................................................................
IX — LIST OF DOCUMENTS ATTACHED*
........................................................................................................
........................................................................................................
........................................................................................................
........................................................................................................
........................................................................................................
I authorise the requested Central Authority and its agents to act on my behalf and to do all things reasonable and necessary in connection with this application.
Date........................................................................................
Place.......................................................................................
Signature and/or stamp of the requesting Central Authority or applicant
...............................................................................................
* e.g. Certified copy of relevant decision or agreement concerning rights of custody or rights of access; certificate or affidavit as to the applicable law; information relating to the social background of the child; authorization empowering the Central Authority to act on behalf of applicant.
Form 4 Application initiating proceedings
(subregulation 25 (2))
COMMONWEALTH OF AUSTRALIA
Family Law (Child Abduction Convention) Regulations
APPLICATION INITIATING PROCEEDINGS
(Title of proceedings as under applicable Rules of Court)
DATE OF FILING:
*APPLICANT’S/*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 19 , at o’clock.
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 19 .
........................................
Registrar
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 19 .
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
*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 secure rights to access under Australian law.
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 Central Authority to act on behalf of the applicant;
*(e) other (specify).
Dated this day of 19 .
.......................
(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 ..............................................
19 . (Signature of applicant)
Before me:
.................................................................
(Signature and title of person
before whom affidavit sworn)
Form 4A Answer/*and cross application
(subregulation 25 (3))
COMMONWEALTH OF AUSTRALIA
Family Law (Child Abduction Convention) Regulations
ANSWER/*AND CROSS APPLICATION
(Title of proceedings as under applicable Rules of Court)
In answer to the application filed on 19
and served on 19 , 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 19
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 19
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
*3. The respondent, (Full name) , (relationship, if any, to
child) , of
(address) , has no existing rights of
access in respect of the child but wishes to secure rights of access under Australian law.
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 19
.......................
(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 19
Before me: ........................
(Signature of respondent)
.................................................................
(Signature and title of person before
whom affidavit sworn or affirmed)
Form 4B Reply to answer/*and cross application
(subregulation 25 (5))
COMMONWEALTH OF AUSTRALIA
Family Law (Child Abduction Convention) Regulations
REPLY TO ANSWER/*AND CROSS APPLICATION
(Title of proceedings as under applicable Rules of Court)
In reply to the answer/*and cross application filed on 19
and served on 19 , 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 dayof 19
Before me: ........................
(Signature of applicant)
.................................................................
(Signature and title of person before
whom affidavit sworn or affirmed)
Notes to the Family Law (Child Abduction Convention) Regulations 1986
Note 1
The Family Law (Child Abduction Convention) Regulations 1986 (in force under the Family Law Act 1975) as shown in this compilation comprise Statutory Rules 1986 No. 85 amended as indicated in the Tables below.
Table of Statutory Rules
Year and | Date of notification | Date of | Application, saving or |
1986 No. 85 | 1 May 1986 | 1 May 1986 |
|
1989 No. 206 | 7 Aug 1989 | 7 Aug 1989 | — |
1990 No. 37 | 27 Feb 1990 | 27 Feb 1990 | — |
1992 No. 34 | 7 Feb 1992 | 7 Feb 1992 | — |
1992 No. 159 | 12 June 1992 | 12 June 1992 | — |
1993 No. 263 | 7 Oct 1993 | 7 Oct 1993 | — |
1993 No. 358 | 23 Dec 1993 | 23 Dec 1993 | — |
1994 No. 252 | 13 July 1994 | 13 July 1994 | R. 3 |
1994 No. 275 | 2 Aug 1994 | 2 Aug 1994 | — |
1994 No. 344 | 18 Oct 1994 | 18 Oct 1994 | — |
1995 No. 296 | 26 Oct 1995 | 26 Oct 1995 | — |
1995 No. 334 | 6 Nov 1995 | 6 Nov 1995 | — |
1996 No. 74 | 5 June 1996 | 11 June 1996 | — |
1997 No. 98 | 7 May 1997 | 7 May 1997 | — |
1997 No. 292 | 8 Oct 1997 | 8 Oct 1997 | — |
1997 No. 315 | 17 Nov 1997 | 17 Nov 1997 | — |
1997 No. 347 | 15 Dec 1997 | 15 Dec 1997 | — |
1998 No. 59 | 9 Apr 1998 | 9 Apr 1998 | — |
1998 No. 340 | 22 Dec 1998 | 22 Dec 1998 | — |
1998 No. 341 | 22 Dec 1998 | 22 Dec 1998 | — |
1999 No. 222 | 29 Sept 1999 | 29 Sept 1999 | — |
2000 No. 208 | 31 July 2000 | 31 July 2000 | — |
2000 No. 275 | 18 Oct 2000 | 18 Oct 2000 | — |
Table of Amendments
ad. = added or inserted am. = amended rep. = repealed rs. = repealed and substituted | ||
Provision affected | How affected | |
Heading to Part 1....... | ad. 1995 No. 296 | |
R. 1................. | rs. 1998 No. 340 | |
R. 2................. | am. 1992 No. 34; 1995 No. 296; 2000 No. 208 | |
Note to r. 2 (1).......... | ad. 2000 No. 208 | |
Rr. 3, 4............... | rs. 1995 No. 296 | |
R. 5................. | am. 1995 No. 296 | |
R. 6................. | rs. 1995 No. 296 | |
R. 10................ | am. 1989 No. 206 | |
Heading to Part 2....... | ad. 1995 No. 296 | |
R. 11................ | am. 1992 No. 34; 1995 No. 296 | |
R. 12................ | rep. 1995 No. 296 | |
R. 13................ | rs. 1995 No. 296 | |
Heading to Part 3....... | ad. 1995 No. 296 | |
R. 14................ | rs. 1995 No. 296 | |
| am. 1998 No. 341 | |
R. 15................ | am. 1992 No. 34 | |
| rs. 1995 No. 296 | |
Rr. 16, 17............. | rs. 1995 No. 296 | |
Rr. 18, 19............. | rs. 1995 No. 296 | |
| am. 1996 No. 74 | |
R. 20................ | am. 1995 No. 296; 2000 No. 208 | |
R. 21................ | am. 1995 No. 296 | |
Rr. 22, 23............. | rep. 1995 No. 296 | |
Heading to Part 4....... | ad. 1995 No. 296 | |
R. 24................ | am. 1992 No. 34; 1995 No. 296 | |
R. 25................ | rs. 1995 No. 296 | |
| am. 1998 No. 341 | |
Part 5 ................ | ad. 1995 No. 296 | |
R. 26................ | ad. 1995 No. 296 | |
| am. 1996 No. 74 | |
R. 27................ | ad. 1995 No. 296 | |
| am. 2000 No. 208 | |
R. 28................ | ad. 1995 No. 296 | |
R. 29................ | ad. 1995 No. 296 | |
| am. 1996 No. 74 | |
R. 30................ | ad. 1995 No. 296 | |
Schedule 2............ | rs. 1989 No. 206; 1990 No. 37 | |
| am. 1992 Nos. 34 and 159; 1993 Nos. 263 and 358; 1994 Nos. 252, 275 and 344; 1995 No. 334; 1997 Nos. 98, 292, 315 and 347; 1998 Nos. 59, 340; 1999 No. 222; 2000 No. 275 | |
Schedule 3............ | am. 1992 No. 34; 1995 No. 296; 1996 No. 74; 1998 No. 341 | |
Form 1.............. | 1986 No. 85 | |
| am. 1995 No. 296; 1996 No. 74; 2000 No. 208 | |
Heading to Form 2..... | am. 1998 No. 341 | |
Form 2.............. | 1986 No. 85 | |
| am. 1995 No. 296; 1996 No. 74; 2000 No. 208 | |
Heading to Form 2A.... | am. 1998 No. 341 | |
Form 2A............ | ad. 1992 No. 34 | |
| am. 1996 No. 74; 2000 No. 208 | |
Heading to Form 2B.... | am. 1998 No. 341 | |
Form 2B............ | ad. 1992 No. 34 | |
| am. 2000 No. 208 | |
Form 2C............ | ad. 1998 No. 341 | |
Form 3.............. | 1986 No. 85 | |
| am. 1995 No. 296; 1996 No. 74 | |
Heading to Form 4..... | am. 1998 No. 341 | |
Form 4.............. | 1986 No. 85 | |
| am. 1996 No. 74; 2000 No. 208 | |
Heading to Form 4A.... | am. 1998 No. 341 | |
Form 4A............ | ad. 1992 No. 34 | |
| am. 1996 No. 74; 2000 No. 208 | |
Heading to Form 4B.... | am. 1998 No. 341 | |
Form 4B............ | ad. 1992 No. 34 | |
| am. 2000 No. 208 | |
Note 2
Regulation 26 (2) — Regulation 5.3 of Statutory Rules 1996 No. 74 provides as follows:
5.3 Subregulation 26 (2):
Omit “welfare”, substitute “care, welfare or development”.
The proposed amendment was misdescribed and is not incorporated in this compilation.
Note 3
Form 2 — Regulation 27.5 of Statutory Rules 1995 No. 296 provides as follows:
Schedule 3
27.5 Form 2 (Application):
Omit “(Full name of applicant) whose
occupation is and
who is represented by the”, substitute “The”.
The proposed amendment was misdescribed and is not incorporated in this compilation.