Document ID: chunk:federal_register_of_legislation:F2024C00436:reg:17
Version: federal_register_of_legislation:F2024C00436
Segment Type: reg
Provision Reference: reg 17
Character Range: 27439–28203

17  Declaration that removal or retention was wrongful
 (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 ask a responsible Central Authority to arrange for the person, institution or other body making a request in relation to the return of a child under the Convention 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.