Document ID: chunk:federal_register_of_legislation:C2004A00736:clause:3_88
Version: federal_register_of_legislation:C2004A00736
Segment Type: clause
Provision Reference: sch 3 cl 88
Character Range: 106712–108215

88  Subsection 111B(4)
Repeal the subsection, substitute:

 (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 who has a parenting order in relation to a child that is to any extent:
 (i) a residence order; or
 (ii) a specific issues order, under which the person 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
 (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 who has a contact order in relation to a child should be regarded as having a right of access to the child.

Note: The references in paragraphs (b) and (d) to residence orders, specific issues orders and contact orders also cover provisions of parenting agreements registered under section 63E (see section 63F, in particular subsection (3)).