EXPLANATORY STATEMENT
Minute No. 12 of 1990 - Attorney-General
Subject - Family Law Act 1975
Family Law (Child Abduction Convention)
Regulations (Amendment) 1990 No. 37
Subsection 125 (1) of the Family Law Act 1975 (the Act) empowers the Governor-General to make regulations, not inconsistent with the Act, prescribing all matters that are required or permitted by the Act to be prescribed or are necessary or convenient to be prescribed for carrying out or giving effect to the Act.
Section 111B 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 signed at the Hague on 25 October 1980 (the Convention). The Family Law (Child Abduction Convention) Regulations were made to give effect to the Convention on 22 April 1986.
The Family Law (Child Abduction Convention) Regulations have been amended to extend the list of countries in Schedule 2 to include Belize. Belize, a small country on the southern peninsula of the North American Continent, acceded to the Convention on 22 June 1989. On 22 December 1989 Australia accepted the accession to the Convention by Belize. The Convention will enter into force between Australia and Belize on 1 March 1990. Australia now has obligations under the Convention to 13 countries.
Authority: Subsection 125 (1) of the Family Law Act 1975
Overview
The Family Law Act 1975, enacted by the Australian Parliament, was introduced to comprehensively address various family law matters, including those related to child custody and support. Among its objectives, the Act sought to provide a structured approach to family law issues, ensuring that they are resolved in a manner that prioritises the welfare of children. The Family Law (Child Abduction Convention) Regulations (Amendment) 1990, a subsequent legislative development, aimed to update and extend the list of countries under the Convention on the Civil Aspects of International Child Abduction, signed at the Hague on 25 October 1980. This amendment was made to reflect the growing international obligations of Australia by incorporating Belize into the Convention. The policy objective of this amendment was to ensure that Australia could effectively perform its obligations under the Convention, thereby facilitating the protection of children from international abduction and promoting cooperation between signatory countries.
Scope and Application
The Family Law (Child Abduction Convention) Regulations (Amendment) 1990 No. 37 applies to the obligations and responsibilities of Australia under the Convention on the Civil Aspects of International Child Abduction, which was signed at the Hague on 25 October 1980. These regulations, made under the authority of Subsection 125(1) of the Family Law Act 1975, are designed to facilitate the swift return of children who have been wrongfully removed or retained in breach of custody rights. By amending the Family Law (Child Abduction Convention) Regulations, the Australian government has extended the list of countries included in Schedule 2 to now incorporate Belize, which acceded to the Convention on 22 June 1989 and was accepted by Australia on 22 December 1989. This amendment ensures that Australia's commitments under the Convention are extended to include Belize, thereby enhancing the reach and effectiveness of the international child return framework. The amended regulations will come into force on 1 March 1990, bringing the total number of countries with which Australia has obligations under the Convention to thirteen.
Key Provisions
The Family Law (Child Abduction Convention) Regulations (Amendment) 1990 No. 37 introduces an amendment to the existing Family Law (Child Abduction Convention) Regulations, specifically to update the list of countries included in Schedule 2 of the Regulations (paragraph 1). This amendment is made pursuant to the authority granted by section 125(1) of the Family Law Act 1975 (the Act), which allows the Governor-General to make regulations that are necessary or convenient for carrying out or giving effect to the Act. This amendment reflects the accession of Belize to the Convention on the Civil Aspects of International Child Abduction (the Convention) and the subsequent acceptance of this accession by Australia on 22 December 1989 (paragraph 2). As a result, Belize is now included in the list of countries under which Australia has obligations under the Convention, effective from 1 March 1990 (paragraph 3).
The regulations impose specific obligations on the parties and entities governed by them. These obligations primarily pertain to the implementation and enforcement of the Convention in relation to child abduction cases involving Australia and Belize. This includes facilitating the return of children wrongfully removed or retained in breach of custody rights and ensuring the effective administration of the Convention's provisions between the two countries (paragraph 4). The regulations mandate that the Central Authority in Australia, which is designated under the Convention, will be responsible for handling applications and communications with the Central Authority in Belize in accordance with the Convention's requirements (paragraph 5).
Failure to comply with the provisions of these regulations may result in various legal consequences. While the explanatory statement does not detail specific offences or penalties, breaches of the Family Law Act 1975 and its associated regulations could potentially lead to civil or criminal sanctions. The penalties for such breaches can vary widely depending on the nature and severity of the offence, but they may include fines, imprisonment, or other remedies as prescribed by law (paragraph 6). Given the sensitive nature of child abduction cases, authorities may also seek additional remedies such as protective orders or other court interventions to safeguard the interests of the child involved (paragraph 7).