Family Law (Child Abduction Convention) Amendment (Child's Objection) Regulations 2024 (Cth)

Family Law (Child Abduction Convention) Amendment (Child’s Objection) Regulations 2024

I, General the Honourable David Hurley AC DSC (Retd), Governor‑General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following regulations.

Dated 11 April 2024

David Hurley

Governor‑General

By His Excellency’s Command

Mark Dreyfus KC

Attorney‑General

Contents

1Name

This instrument is the Family Law (Child Abduction Convention) Amendment (Child’s Objection) Regulations 2024.

2Commencement

1. (1)

   Each provision of this instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

Commencement information
Column 1	Column 2	Column 3
Provisions	Commencement	Date/Details
1. Sections 1 to 4 and anything in this instrument not elsewhere covered by this table	The day after this instrument is registered.	16 April 2024
2. Schedule 1	The later of: (a) the day after this instrument is registered; and (b) the day on which Schedule 4 to the Family Law Amendment Act 2023 commences.

Note: This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument.

1. (2)

   Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument.

3Authority

This instrument is made under the Family Law Act 1975.

4Schedules

Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.

Schedule 1Amendments

Family Law (Child Abduction Convention) Regulations 1986

1

Subparagraph 16(3)(c)(ii)

Repeal the subparagraph.

2

In the appropriate position in Part 6

Insert:

Division 3—Application provision relating to the Family Law (Child Abduction Convention) Amendment (Child’s Objection) Regulations 2024

34Application provision

The amendment of this instrument made by the Family Law (Child Abduction Convention) Amendment (Child’s Objection) Regulations 2024 applies in relation to the following proceedings:

1. (a)

   proceedings instituted on or after the day that Schedule 4 to the Family Law Amendment Act 2023 commences (the commencement day);

2. (b)

   proceedings instituted before, and not finally determined by, the commencement day, other than proceedings in respect of which a final hearing has commenced by the commencement day.