Family Law (Child Abduction Convention) Regulations (Amendment) 1993 No. 263
EXPLANATORY STATEMENT
STATUTORY RULES 1993 No. 263
Issued by the Authority of the Attorney-General
Family Law Act 1975
Family Law (Child Abduction Convention) Regulations (Amendment)
Regulation 125(1) of the Family Law Act 1975 (the Act) empowers the Governor-General to make regulations 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 under the Convention on the Civil Aspects of International Child Abduction (the Convention). The Convention was signed at the Hague on 25 October 1980.
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 the other Convention countries. On 22 April 1986, the Family Law (Child Abduction Convention) Regulations were made to give effect to the Convention for Australia.
The proposed Regulations would extend the list of countries in Schedule 2 by specifying Ecuador, Burkina Faso and Greece as additional Convention countries in respect of which the Convention has entered into force for Australia. Included in Schedule 2 is the date the Convention came into force for each of the these countries.
Overview
The Family Law (Child Abduction Convention) Regulations (Amendment) 1993 No. 263, issued under the authority of the Attorney-General, is an amendment to the Family Law Act 1975. This amendment was enacted to align Australia's obligations under the Convention on the Civil Aspects of International Child Abduction with its current commitments by including Ecuador, Burkina Faso and Greece in the list of countries in Schedule 2, thereby facilitating the prompt return of children wrongfully removed or retained in these countries. The primary policy objective of these regulations is to ensure that Australia fulfils its international obligations under the Convention, which aims to secure the effective return of children and to respect the rights of custody and access to children across member countries. These regulations were designed to update the existing Family Law (Child Abduction Convention) Regulations 1986 to reflect the latest international commitments.
Scope and Application
The Family Law (Child Abduction Convention) Regulations (Amendment) 1993 No. 263 amends the Family Law (Child Abduction Convention) Regulations to incorporate Ecuador, Burkina Faso, and Greece into Schedule 2, thereby recognising these countries as Convention countries under the Convention on the Civil Aspects of International Child Abduction. This amendment applies to individuals and entities involved in international child abduction cases where the children are removed to or retained in these newly included countries. The regulations are made pursuant to the Family Law Act 1975, which applies to matters concerning family law in Australia, including international aspects as delineated by the Convention. The amendment does not alter the geographic or jurisdictional reach of the Act, which remains national in scope, applying to all states and territories of Australia. There are no stated exclusions or exemptions within the amendment itself, though the application of the Convention's provisions is subject to the conditions and exceptions outlined in the Convention itself. The Act's application may be further extended or restricted through subordinate instruments, which are designed to align Australian regulations with the Convention's requirements and developments.
Key Provisions
The Family Law (Child Abduction Convention) Regulations (Amendment) 1993 No. 263, made under the authority of the Attorney-General, amends the existing Family Law (Child Abduction Convention) Regulations to extend the list of Convention countries. Regulation 1 specifies that the amendment adds Ecuador, Burkina Faso, and Greece to the schedule, thereby extending Australia's obligations under the Convention on the Civil Aspects of International Child Abduction (section 111B of the Family Law Act 1975). This means that the mechanisms for the prompt return of children wrongfully removed to or retained in these countries, and for ensuring rights of custody and access, are now in place for Australia.
These regulations impose several obligations on parties involved in child abduction cases under the Convention. For instance, they require Australian authorities to act promptly in facilitating the return of children abducted to or from these newly included countries. This involves recognising the legal decisions and custody rights of the countries listed in the Convention, ensuring that Australian courts do not undermine the rights established in the child’s country of habitual residence. Furthermore, the regulations necessitate that any application for the return of a child must be processed within a specified timeframe to adhere to the Convention's objectives (Regulation 1).
Failure to comply with these regulations could result in various consequences. For instance, any party who obstructs the return of a child or disregards the custody rights established under the Convention may face legal repercussions. The Family Law Act 1975 includes provisions for penalties, although the specific penalties are not detailed in the explanatory statement. It is understood that breaches could lead to civil penalties, such as fines, and potentially criminal penalties, depending on the nature and severity of the offence. The maximum penalties, however, are not explicitly stated in the explanatory statement but are generally aligned with the provisions of the Family Law Act 1975.