Document ID: chunk:federal_register_of_legislation:C2004A01006:clause:1_111cd:p1
Version: federal_register_of_legislation:C2004A01006
Segment Type: clause
Provision Reference: sch 1 cl 111CD (pt 1/2)
Character Range: 11389–14116

111CD  Jurisdiction relating to the person of a child

 (1) A court may exercise jurisdiction for a Commonwealth personal protection measure only in relation to:
 (a) a child who is present and habitually resident in Australia; or
 (b) a child who is present in Australia and habitually resident in a Convention country, if:
 (i) the child's protection requires taking the measure as a matter of urgency; or
 (ii) the measure is provisional and limited in its territorial effect to Australia; or
 (iii) the child is a refugee child; or
 (iv) a request to assume jurisdiction is made to the court by, or at the invitation of, a competent authority of the country of the child's habitual residence; or
 (v) a competent authority of the country of the child's habitual residence agrees to the court assuming jurisdiction; or
 (vi) the court is exercising jurisdiction in proceedings concerning the divorce or separation of the child's parents or the annulment of their marriage (but see subsection (3)); or
 (c) a child who is present in a Convention country, if:
 (i) the child is habitually resident in Australia; or
 (ii) the child has been wrongfully removed from or retained outside Australia and the court keeps jurisdiction under Article 7 of the Child Protection Convention; or
 (iii) a request to assume jurisdiction is made to the court by, or at the invitation of, a competent authority of the country of the child's habitual residence or country of refuge; or
 (iv) a competent authority of the country of the child's habitual residence or country of refuge agrees to the court assuming jurisdiction; or
 (v) the child is habitually resident in a Convention country and the court is exercising jurisdiction in proceedings concerning the divorce or separation of the child's parents or the annulment of their marriage (but see subsection (3)); or
 (d) a child who is present in Australia and is a refugee child; or
 (e) a child who is present in a non‑Convention country, if:
 (i) the child is habitually resident in Australia; and
 (ii) any of paragraphs 69E(1)(b) to (e) applies to the child; or
 (f) a child who is present in Australia, if:
 (i) the child is habitually resident in a non‑Convention country; and
 (ii) any of paragraphs 69E(1)(b) to (e) applies to the child.

 (2) A court may only exercise jurisdiction in accordance with subparagraph (1)(b)(ii) if the measure is not incompatible with a foreign measure already taken by a competent authority of a Convention country under Articles 5 to 10 of the Child Protection Convention.

 (3) A court may only exercise jurisdiction in accordance with subparagraph (1)(b)(vi) or (c)(v) for a Commonwealth personal protection measure relating to a child if:
 (a)