Document ID: chunk:federal_register_of_legislation:F2024C00436:schedule:3:p6
Version: federal_register_of_legislation:F2024C00436
Segment Type: schedule
Provision Reference: sch 3 (pt 6/11)
Character Range: 87012–90070

convention country.

3. The child is now residing with (full name)  ,
 (relationship, if any, to child) ,
 at .

Details concerning rights of  custody of child

4. (Full name) , (relationship,
  if any, to child)  , of
      (address)  has rights of custody in respect of the child by reason of the following factual and legal               circumstances:
     (include details of any custody order)

Details concerning rights of access/time spent or communication with the child

    *5. The applicant under the Convention on the Civil Aspects of International Child Abduction,
      (full name) , (relationship, if any, to child), of (address)              , has rights of access in respect of the child by reason of the following factual and legal circumstances:
  (include details of any access order)
or
*5. The applicant under the Convention (full name)   ,
 (relationship, if any, to child)          ,
 of
 (address)          , has no existing rights of access in respect
 of the child but wishes to establish or secure a parenting order  under Australian law specifying with whom a child is to spend               time or communicate..

    6. The following are the circumstances in which rights of access have been breached or enjoyment of access denied:

Pending proceedings in Australia

    *7. The following are particulars of pending family law or child welfare proceedings concerning the child:
     (set out brief particulars of any pending proceedings  and  the  court  in which the proceedings are pending)
or
    *7. There are no pending family law or child welfare proceedings concerning the child.

Attachments

    8. The request in relation to rights of access to the child under the Convention is attached.

9. The following documents are also attached:
 *(a)  certified copy of relevant decision or agreement concerning rights of custody or rights of access;
 *(b)  certificate or affidavit as to the applicable law;
 *(c)  information relating to the social background of the child;
 *(d)  authorization empowering the responsible Central Authority to act on behalf of the applicant;
 *(e) other (specify).
Dated this day of (year)
(Signature of applicant)
* Cross out whichever is not applicable.

AFFIDAVIT

I, (full name, address and occupation)
make oath and say/affirm:
 1. I am the applicant in, and I have read, this application.
 2. The facts stated in this application that are within my personal knowledge are true.  All other facts stated in this application are true to the best of my knowledge, information and belief.
SWORN (or AFFIRMED) by
the applicant at
on the day of  (year)
 ................
 ................(Signature of applicant)
Before me:

.................................................................
 (Signature and title of person
 before whom affidavit sworn)

Form 4A—Answer/*and cross application (access)
(subregulation 25(2))
COMMONWEALTH OF AUSTRALIA
Family Law (Child Abduction Convention) Regulations 1986

ANSWER/*AND CROSS APPLICATION (ACCESS)

(Title of proceedings as under applicable