Family Law (Child Abduction Convention) Amendment Regulations 2002 (No. 1) 2002 No. 110
EXPLANATORY STATEMENT
Statutory Rules 2002 No. 110
Issued by the Authority of the Attorney-General
Family Law Act 1975
Family Law (Child Abduction Convention) Amendment Regulations 2002 (No. 1)
Subsection 125(1) of the Family Law Act 1975 (the Act) provides that the Governor-General may make regulations prescribing all matters necessary to be prescribed for the purposes of the Act.
Section 111B of the Act provides that the regulations may make such provision as is necessary to enable Australia to perform its obligations, or obtain any advantage or benefit, under the 1980 Hague Convention on the Civil Aspects of International Child Abduction (the Convention).
The objects of the Convention are to secure the prompt return of children wrongfully removed to or retained in any Convention country, and to ensure that rights of custody and access to children under the laws of a Convention country are effectively respected in other Convention countries.
Australia signed and ratified the Convention on 25 October 1986, and the Convention came into force in respect of Australia on 1 January 1987.
The purpose of the proposed Regulations is to add the Slovak Republic, Brazil, Malta, Trinidad and Tobago, Uruguay and Uzbekistan to the list of Convention countries in Schedule 2 of the Family Law (Child Abduction Convention) Regulations 1986. The list also records the dates on which the Convention entered into force between Australia and each of these countries.
The Slovak Republic ratified the Convention on 7 November 2000. As this state was an original signatory to the Convention, in accordance with Articles 37 and 43 of the Convention, the Convention entered into force between Australia and the Slovak Republic on 1 February 2001 without the need for any action on the part of the Australian Government.
Brazil, Malta, Trinidad and Tobago, Uruguay and Uzbekistan have acceded to the Convention. Australia deposited its declaration of acceptance of the accession of these countries on 8 February 2001. Therefore, in accordance with Articles 38 and 43 of the Convention, the Convention entered into force between Australia and each of these countries on 1 May 2001.
The proposed Regulations would commence on gazettal.
Overview
The Family Law (Child Abduction Convention) Amendment Regulations 2002 (No. 1) were introduced to align Australian law with the obligations under the 1980 Hague Convention on the Civil Aspects of International Child Abduction. Enacted by the Australian Parliament, these regulations serve to amend the Family Law (Child Abduction Convention) Regulations 1986 to update the list of Convention countries in Schedule 2, reflecting the entry into force of the Convention with the Slovak Republic, Brazil, Malta, Trinidad and Tobago, Uruguay, and Uzbekistan. The policy objective of these regulations is to ensure that Australia's obligations under the Convention are met, thereby facilitating the prompt return of children who have been wrongfully removed or retained in signatory countries and to ensure that custody and access rights are effectively respected across international borders. The regulations were issued under the authority of the Attorney-General and are intended to be effective from the date of their gazettal.
Scope and Application
The Family Law (Child Abduction Convention) Amendment Regulations 2002 (No. 1) apply to the persons and entities involved in international child abduction cases under the Family Law Act 1975, specifically to those situations where children have been wrongfully removed to or retained in another country. The legislation is concerned with ensuring compliance with the 1980 Hague Convention on the Civil Aspects of International Child Abduction, which aims to secure the prompt return of children to their country of habitual residence and to respect rights of custody and access in other signatory countries. These regulations extend the application of the Convention to include the Slovak Republic, Brazil, Malta, Trinidad and Tobago, Uruguay, and Uzbekistan, countries that have either ratified or acceded to the Convention and have established the effective date of their participation. The scope of the regulations is broad, covering all matters necessary to implement the Convention's provisions within the Australian legal framework, and they are designed to be effective immediately upon gazette.
Key Provisions
The Family Law (Child Abduction Convention) Amendment Regulations 2002 (No. 1) serve to update the Family Law (Child Abduction Convention) Regulations 1986 by adding the Slovak Republic, Brazil, Malta, Trinidad and Tobago, Uruguay, and Uzbekistan to the list of Convention countries. This addition is essential to facilitate the implementation of the 1980 Hague Convention on the Civil Aspects of International Child Abduction (the Convention) in these jurisdictions. Section 111B of the Family Law Act 1975 empowers the making of these regulations to ensure that Australia can meet its obligations under the Convention, which aims to secure the prompt return of children wrongfully removed or retained in Convention countries and to ensure that custody and access rights are respected internationally.
These regulations, as per section 125(1) of the Family Law Act 1975, mandate the Governor-General to establish all necessary provisions for the Act's purposes. Specifically, they formalise the inclusion of the aforementioned countries into Schedule 2 of the Family Law (Child Abduction Convention) Regulations 1986, thus extending the legal framework to cover these new signatories. This inclusion is crucial as it formalises the legal channels for the enforcement of child custody and access rights across these additional jurisdictions.
Parties governed by these regulations are required to adhere to the updated list of Convention countries, ensuring compliance with the Convention’s stipulations. This includes recognising the legal processes and decisions made in these countries, facilitating the prompt return of children who have been wrongfully removed or retained, and respecting custody and access rights as per the laws of the respective countries. The obligations extend to judicial officers, legal practitioners, and possibly parents or guardians involved in international child custody disputes.
Failure to comply with these regulations can lead to various legal consequences. While the specific penalties for breach are not detailed within the explanatory statement, breaches of the Family Law Act 1975 and its associated regulations can result in civil or criminal penalties, depending on the nature and severity of the offence. Such penalties may include fines, imprisonment, or other legal sanctions as determined by the relevant courts. The exact penalties would be guided by the provisions of the Family Law Act 1975 and other applicable laws.