FAMILY LAW (CHILD ABDUCTION CONVENTION) REGULATIONS (AMENDMENT) 1996 NO. 74 

FAMILY LAW (CHILD ABDUCTION CONVENTION) REGULATIONS (AMENDMENT) 1996 NO. 74 
- TABLE OF PROVISIONS

1.  Commencement  
2.  Amendment  
3.  Regulation 18 (Effect of other custody orders in Australia or overseas)  
4.  Regulation 19 (When a court not to make certain orders)  
5.  Regulation 26 (Reports by family and child counsellors and welfare officers)  
6.  Regulation 29 (Evidentiary provisions)  
7.  Schedule 3 (Forms)  


1996 No. 74 FAMILY LAW (CHILD ABDUCTION CONVENTION) REGULATIONS (AMENDMENT) -
REG 1
1. Commencement


  1.1 These Regulations commence on 11 June 1996.


1996 No. 74 FAMILY LAW (CHILD ABDUCTION CONVENTION) REGULATIONS (AMENDMENT) -
REG 2
2. Amendment


  2.1 The Family Law (Child Abduction Convention) Regulations are amended as
set out in these Regulations.


1996 No. 74 FAMILY LAW (CHILD ABDUCTION CONVENTION) REGULATIONS (AMENDMENT) -
REG 3
3. Regulation 18 (Effect of other custody orders in Australia or overseas)


  3.1 Add at the end:
  "(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.".


1996 No. 74 FAMILY LAW (CHILD ABDUCTION CONVENTION) REGULATIONS (AMENDMENT) -
REG 4
4. Regulation 19 (When a court not to make certain orders)


  4.1 Omit all the words after "interim order,", substitute "providing for the
custody of the child, within the meaning of regulation 18, until the
application is determined.".


1996 No. 74 FAMILY LAW (CHILD ABDUCTION CONVENTION) REGULATIONS (AMENDMENT) -
REG 5
5. Regulation 26 (Reports by family and child counsellors and welfare
officers)


  5.1 Paragraph 26 (1) (a):
Omit "court counsellor", substitute "family and child counsellor".

  5.2 Subregulation 26 (2):
Omit "court counsellor", substitute "family and child counsellor".

  5.3 Subregulation 26 (2):
Omit "welfare", substitute "care, welfare or development".

  5.4 Subregulation 26 (3):
Omit "court counsellor", substitute "family and child counsellor".

  5.5 Subregulation 26 (4):
Omit "court counsellor", substitute "family and child counsellor".

  5.6 Subregulation 26 (5):
Omit "court counsellor", substitute "family and child counsellor".

  5.7 Add at the end:
  "(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.".


1996 No. 74 FAMILY LAW (CHILD ABDUCTION CONVENTION) REGULATIONS (AMENDMENT) -
REG 6
6. Regulation 29 (Evidentiary provisions)


  6.1 Paragraph 29 (1) (b):
After "witness", insert "who resides outside Australia".

  6.2 Add at the end:
  "(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.".


1996 No. 74 FAMILY LAW (CHILD ABDUCTION CONVENTION) REGULATIONS (AMENDMENT) -
REG 7
7. Schedule 3 (Forms)


  7.1 Form 1:
Endnote:
Omit "custody or access;", substitute "rights of custody or rights of
access;".

  7.2 Form 2:
Paragraph 9 (a):
Omit "custody or access;", substitute "rights of custody or rights of
access;".

  7.3 Form 2A:
Cross application:
Paragraph 5 (a):
Omit "custody or access;", substitute "rights of custody or rights of
access;".

  7.4 Form 3:
Endnote:
Omit "custody or access;", substitute "rights of custody or rights of
access;".

  7.5 Form 4:
Omit "Details concerning custody of child", substitute "Details concerning
rights of  custody of child".

  7.6 Form 4:
Paragraph 5 (second occurring):
Omit "pursue a claim", substitute "secure rights".

  7.7 Form 4:
Paragraph 8:
Omit "access", substitute "rights of access".

  7.8 Form 4:
Paragraph 9 (a):
Omit "custody or access;", substitute "rights of custody or rights of
access;".

  7.9 Form 4A:
Cross application:
Paragraph 3 (second occurring):
Omit "pursue a claim to", substitute "secure rights of".

  7.10 Form 4A:
Cross application:
Paragraph 5 (a):
Omit "custody or access;", substitute "rights of custody or rights of
access;".


- NOTES


1996 No. 74*1* FAMILY LAW (CHILD ABDUCTION CONVENTION) REGULATIONS*2*
(AMENDMENT)

- Dated 29 May 1996


*1* Notified in the Commonwealth of Australia Gazette on  5 June 1996.
*2* Statutory Rules 1986 No. 85 as amended by 1989 No. 206; 1990 No. 37; 1992
Nos. 34 and 159; 1993 Nos. 263 and 358; 1994 Nos. 252, 275 and 344; 1995 Nos.
296 and 334.