Family Law (Child Abduction Convention) Regulations (Amendment) 1993 No. 358
EXPLANATORY STATEMENT
STATUTORY RULES 1993 No. 358
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 Mauritius, Monaco, Poland and Romania as additional Convention countries in respect of which the Convention has entered into force for Australia. In addition, Schedule 2 would be amended by omitting the former Socialist Federal Republic of Yugoslavia and replacing it with the three Republics of Croatia, Macedonia and Bosnia and Herzegovina. 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. 358, issued under the authority of the Attorney-General, were enacted to amend the Family Law (Child Abduction Convention) Regulations of 1986. This amendment was made to update the list of countries in Schedule 2 to reflect changes in international status and the entry into force of the Convention on the Civil Aspects of International Child Abduction for additional countries. The Family Law Act 1975 provides the legislative framework within which these regulations operate, empowering the Governor-General to implement the necessary changes to meet Australia's obligations under the Convention. The policy objective of these amendments is to ensure that Australia remains compliant with its international commitments to secure the prompt return of children wrongfully removed or retained across borders and to effectively respect custody and access rights in accordance with the laws of Convention countries. This amendment to the regulations seeks to address the evolving geopolitical landscape by recognising new Convention countries and adjusting to the dissolution of former political entities.
Scope and Application
The Family Law (Child Abduction Convention) Regulations (Amendment) 1993 No. 358 pertains to the Family Law Act 1975, specifically targeting obligations under the Convention on the Civil Aspects of International Child Abduction, signed at The Hague on 25 October 1980. This Act applies to individuals and entities involved in international child abduction cases, particularly focusing on the prompt return of children who have been wrongfully removed or retained across signatory countries. The jurisdictional reach of this legislation is national, as it concerns international relations and agreements impacting Australian citizens abroad and foreign nationals in Australia. The amendments update the list of countries included in Schedule 2, reflecting changes such as the dissolution of the former Socialist Federal Republic of Yugoslavia and the emergence of new Convention countries like Mauritius, Monaco, Poland, and Romania. These amendments ensure that Australia remains compliant with the Convention’s evolving membership and obligations. The Act does not specify exclusions or thresholds but operates under the overarching framework established by the Convention.
Key Provisions
The Family Law (Child Abduction Convention) Regulations (Amendment) 1993 No. 358 amend the Family Law (Child Abduction Convention) Regulations to incorporate changes in the status of certain countries under the Convention on the Civil Aspects of International Child Abduction. The key provisions (Regulation 1) extend the list of countries in Schedule 2 by adding Mauritius, Monaco, Poland, and Romania as new Convention countries for which the Convention has entered into force for Australia. Additionally, the Schedule 2 is amended to reflect the dissolution of the former Socialist Federal Republic of Yugoslavia, replacing it with the three Republics of Croatia, Macedonia, and Bosnia and Herzegovina, and including the dates when the Convention became effective for these new entities.
The obligations imposed by these amendments primarily concern the authorities responsible for implementing the Convention in Australia. They are required to recognise the new Convention countries and ensure that the Convention's provisions apply to these jurisdictions. This includes facilitating the prompt return of children who have been wrongfully removed to or retained in these countries, as well as ensuring that custody and access rights are effectively respected in accordance with the laws of the respective countries. The changes in Schedule 2 also necessitate updates to any relevant administrative and legal processes to accommodate the new entities.
Failure to comply with the provisions of the amended regulations may result in legal consequences. While the specific offences and penalties are not detailed in the explanatory statement, breaches of the Family Law Act 1975, under which these regulations operate, can lead to criminal and civil penalties. For instance, actions taken in contravention of the Act can result in fines and imprisonment. The exact penalties depend on the nature and severity of the breach, but they can be significant, reflecting the importance of the Convention's objectives in protecting children's rights in international child abduction cases.