Family Law (Child Abduction Convention) Amendment Regulations 1998 (No. 3)

Administered by Attorney-General's Department

Legislation au F1998B00358 Regulations Not in force Legislative Instrument

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Family Law (Child Abduction Convention) Amendment Regulations 1998 (No. 1) 1998 No. 341

EXPLANATORY STATEMENT

Statutory Rules 1998 No. 341

Issued by the Authority of the Attorney-General

Family Law Act 1975

Family Law (Child Abduction Convention) Amendment Regulations 1998 (No. 1)

Subsection 125(1) of the Family Law Act 1975 (the Act) empowers the Governor-General to make Regulations prescribing all matters necessary to be prescribed for the purposes of the Act.

Sub-section 111B(1) of the Act provides that the Regulations may make such provision as is necessary to enable the performance of the obligations of Australia, or to obtain for Australia any advantage or benefit, under the Convention on the Civil Aspects of International Child Abduction (the Convention).

The Family Law (Child Abduction Convention) Regulations provide that the Family Court may make an order for the issue of a warrant for the apprehension or detention of a child who has been wrongfully removed to or from Australia in breach of the Convention. The purpose of the amendment Regulations is to prescribe the form of a warrant for the location of an abducted child. The amendment Regulations also correct references in other forms in the Regulations.

Details of the Regulations are as follows:

Regulation 1 is formal.

Regulation 2 provides that the Regulations commence on gazettal.

Regulation 3 provides that Schedule 1 in the Regulations amends the Family Law (Child Abduction Convention) Regulations.

Item 1 of Schedule 1 amends regulation 14 of the Family Law (Child Abduction Convention) Regulations. Regulation 14(1)(b) and 14(2)(a) provide that the Family Court may make an order for the issue of a warrant for the apprehension or detention of a child who has been wrongfully removed to or from Australia in breach of the Hague Convention. Item 1 of Schedule 1 inserts a new subregulation 14(4) to provide that a warrant issued under regulation 14(1)(b) and 14(2)(a) must be in accordance with Form 2C. Form 2C is inserted in the regulations by Item 5 of Schedule 1.

Item 2 of Schedule 1 amends regulation 25 of the Family Law (Child Abduction Convention) Regulations. Regulation 25 provides that the Family Court may make an order for the issue of a warrant for the apprehension or detention of a child who is the subject of an access application under the Hague Convention. Item 2 of Schedule 1 inserts a new sub-regulation 25(6) to provide that a warrant issued under regulation 25(1)(a) must be in accordance with Form 2C. Form 2C is inserted in the regulations by Item 5 of Schedule 1.

Item 3 of Schedule 1 amends Schedule 3 of the Family Law (Child Abduction Convention) Regulations. The heading to Form 2 in Schedule 3 incorrectly refers to sub-regulation 15(4). Item 3 of Schedule 1 replaces the incorrect reference to regulation 15(4) with the correct reference to subregulations 14(1) and 14(2).

Item 4 of Schedule 1 amends Schedule 3 of the Family Law (Child Abduction Convention) Regulations. The heading to Form 2A in Schedule 3 incorrectly refers to sub-regulation 15(1B). Item 3 of Schedule 1 replaces the incorrect reference to regulation 15 (1 B) with the correct reference to subregulation 14(3).

Item 5 of Schedule 1 amends Schedule 3 of the Family Law (Child Abduction Convention) Regulations. The heading to Form 2B in Schedule 3 incorrectly refers to sub-regulation 15(4). Item 3 of Schedule 1 replaces the incorrect reference to regulation 15(4) with the correct reference to subregulation 14(4).

Item 6 of Schedule 1 amends Schedule 3 of the Family Law (Child Abduction Convention) Regulations to insert a new Form 2C. The new Form 2C is a form of warrant for the apprehension of a child which may be issued pursuant to an order of the Family Court under regulations 14(1)(b), 14(2)(a) or 25(1)(a) of the regulations.

Item 7 of Schedule 1 amends Schedule 3 of the Family Law (Child Abduction Convention) Regulations. The heading to Form 4 in Schedule 3 incorrectly refers to sub-regulation 24(7). Item 3 of Schedule 1 replaces the incorrect reference to regulation 24(7) with the correct reference to subregulation 25(2).

Item 8 of Schedule 1 amends Schedule 3 of the Family Law (Child Abduction Convention) Regulations. The heading to Form 4A in Schedule 3 incorrectly refers to sub-regulation 24(5B). Item 3 of Schedule 1 replaces the incorrect reference to regulation 24(5B) with the correct reference to subregulation 25(3).

Item 9 of Schedule 1 amends Schedule 3 of the Family Law (Child Abduction Convention) Regulations. The heading to Form 4A in Schedule 3 incorrectly refers to sub-regulation 24(7). Item 3 of Schedule 1 replaces the incorrect reference to regulation 24(7) with the correct reference to subregulation 25(5).

 

Overview

The Family Law (Child Abduction Convention) Amendment Regulations 1998 (No. 1) were enacted to address issues in the implementation of the Family Law (Child Abduction Convention) Regulations under the Family Law Act 1975. The Australian Parliament introduced these regulations to ensure that the legal framework for handling child abduction cases aligns with the obligations under the Convention on the Civil Aspects of International Child Abduction. This amendment was necessary to rectify references and formalise the process of issuing warrants for the apprehension or detention of children who have been wrongfully removed from or within Australia. The policy objective of these regulations is to streamline and standardise the procedure for issuing warrants, thereby facilitating the enforcement of international child abduction laws and ensuring consistency in judicial processes.

Scope and Application

The Family Law (Child Abduction Convention) Amendment Regulations 1998 (No. 1) primarily focuses on amending the Family Law (Child Abduction Convention) Regulations to correct various references and introduce a new form of warrant for the apprehension of a child who has been wrongfully removed to or from Australia in breach of the Hague Convention. These regulations apply to the Family Court and any person or entity involved in the process of locating and apprehending such children. They operate within the Commonwealth jurisdiction, ensuring that Australia adheres to its obligations under the Convention on the Civil Aspects of International Child Abduction. The regulations do not explicitly state any exclusions or exemptions but ensure that all warrants issued under the amended regulations must comply with the prescribed Form 2C, as stipulated in the new subregulations. These amendments aim to streamline the process of apprehending children abducted in breach of the Convention, thereby facilitating the return of these children to their countries of habitual residence.

Key Provisions

The Family Law (Child Abduction Convention) Amendment Regulations 1998 (No. 1) introduces specific changes to the Family Law (Child Abduction Convention) Regulations. Primarily, Regulation 14 and Regulation 25 are amended to mandate that any warrant issued for the apprehension or detention of a child who has been wrongfully removed to or from Australia in breach of the Convention, or for a child who is the subject of an access application under the Convention, must be in accordance with the newly introduced Form 2C (Regulation 3). This form is detailed in Item 5 of Schedule 1, which also corrects various incorrect references in other forms within the Regulations. For example, Item 3 of Schedule 1 corrects references in Form 2, Form 2A, Form 2B, Form 4, and Form 4A, ensuring they align with the correct subregulations. The obligations imposed by these Regulations on the parties or entities they govern are primarily procedural and formality-oriented. The Family Court, when making an order for the issue of a warrant under the specified regulations, must ensure that the warrant adheres to the prescribed Form 2C. This includes ensuring that all necessary details are accurately filled out and that the form is compliant with the requirements set forth by the amendment Regulations. Additionally, these Regulations mandate that any references within the forms must correctly correspond to the relevant subregulations, ensuring clarity and accuracy in the documentation and legal processes involved in child abduction cases. The Regulations do not explicitly outline specific offences or penalties for non-compliance. However, the significance of these Regulations lies in their role in upholding the integrity and efficiency of the legal processes involved in child abduction cases under the Convention. Failure to comply with these formalities could potentially lead to procedural delays or legal complications, impacting the timely resolution of cases. While the Regulations themselves do not impose fines or criminal penalties, the importance of adhering to the prescribed forms and references cannot be understated, as it ensures that the legal process is conducted in a manner consistent with the legislative intent and international obligations under the Convention.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.