Document ID: chunk:federal_register_of_legislation:C2004A05014:section:6:p72
Version: federal_register_of_legislation:C2004A05014
Segment Type: section
Provision Reference: s 6 (pt 72/86)
Character Range: 232717–235328

Australia that is aware that an overseas child order is registered under section 70G must not exercise jurisdiction in proceedings for the making of a residence order, a contact order or a care order in relation to the child concerned unless:

   (a) each person with whom the child is supposed to live or have contact under the overseas order, or who has rights of custody or access in relation to the child concerned under the order, consents to the exercise of jurisdiction by the court in the proceedings; or

   (b) the court is satisfied that there are substantial grounds for believing that the child's welfare requires that the court exercise jurisdiction in the proceedings.

"(2) If a court exercises jurisdiction in proceedings for a residence order, a contact order or a care order in relation to a child who is the subject of an overseas child order, the court must not make a residence order, a contact order or a care order in relation to the child unless it is satisfied:

  (a) that the welfare of the child is likely to be adversely affected if the order is not made; or

    (b) that there has been such a change in the circumstances of the child since the making of the overseas child order that the residence order, contact order or care order ought to be made.

Cancellation of registration if residence order, contact order or care order made

"70K. If a court:

(a) is aware that an overseas child order is registered under section 70G; and

(b) makes a residence order, a contact order or a care order in relation to the child concerned;

the court must cancel the registration of the overseas child order.

Relationship between Australian orders and registered overseas child orders

"70L.(1) In this section:

'Australian child order' means:

  (a) a residence order, a contact order or a care order; or

  (b) a State child order as defined in section 70B;

'responsible person', in relation to an Australian child order or an overseas child order, means a person:

  (a) with whom the child is supposed to live or have contact under the order; or

  (b) who is responsible for the child's day-to-day care, welfare and development under the order; or

  (c) who has a right to custody of, or access to, the child under the order.

  "(2) This section applies if:

   (a) an Australian child order, whether made under this Part or another law, is in force under this Part in relation to a child; and

   (b) an overseas child order, other than an excluded order, that relates to the child but that has a different effect from the Australian order has been registered under section 70G