Document ID: chunk:federal_register_of_legislation:C2024C00859:clause:1_111b:p2
Version: federal_register_of_legislation:C2024C00859
Segment Type: clause
Provision Reference: sch 1 cl 111B (pt 2/2)
Character Range: 925039–927206

this Act expressed in terms of granting a person custody of, or access to, a child.
 (3) The purpose of subsection (4) is to resolve doubts about the implications of these changes for the Convention. That is the only purpose of the subsection.
 (4) For the purposes of the Convention:
 (a) each of the parents of a child should be regarded as having rights of custody in respect of the child unless the parent has no parental responsibility for the child because of any order of a court for the time being in force; and
 (b) subject to any order of a court for the time being in force, a person:
 (i) with whom a child is to live under a parenting order; or
 (ii) who has parental responsibility for a child under a parenting order;
  should be regarded as having rights of custody in respect of the child; and
 (c) subject to any order of a court for the time being in force, a person who has parental responsibility for a child because of the operation of this Act or another Australian law and is responsible for the day‑to‑day or long‑term care, welfare and development of the child should be regarded as having rights of custody in respect of the child; and
 (d) subject to any order of a court for the time being in force, a person:
 (i) with whom a child is to spend time under a parenting order; or
 (ii) with whom a child is to communicate under a parenting order;
  should be regarded as having a right of access to the child.
Note: The references in paragraphs (b) and (d) to parenting orders also cover provisions of parenting agreements registered under section 63E (see section 63F, in particular subsection (3)).
 (5) Subsection (4) is not intended to be a complete statement of the circumstances in which, under the laws of the Commonwealth, the States and the Territories, a person has, for the purposes of the Convention, custody of, or access to, a child, or a right or rights of custody or access in relation to a child.
 (5A) Subsections (1A) and (2) to (5) do not, by implication, limit subsection (1).
 (6) Expressions used in this section have the same meaning as they have in Part VII.

Division 3—International agreements about adoption etc.