Commonwealth Numbered Acts

Family Law Amendment Act 1983 No. 72 of 1983 - SECT 31

31. Section 68 of the Principal Act is amended-

         (a)  by omitting from sub-section (4) ''the person who instituted the
proceedings satisfies the court'' and substituting ''the court is satisfied'';

         (b)  by inserting in paragraph (4) (b) ''since the making of the
overseas custody order'' after ''child''; and

   (c)  by adding at the end thereof the following sub-sections:

''(5) Where the court, being aware that an overseas custody order is
registered under this section, makes an order with respect to the custody of,
or access to, the child who is the subject of the overseas custody order, the
court shall cancel the registration, under this section, of that overseas
custody order.

''(6) Where-

   (a)  an order for custody of, or access to, a child (in this section
        referred to as the 'Australian order') has been made in Australia,
        whether under this Act or under any other law, and is in force under
        this Act; and

   (b)  an overseas custody order relating to the child (being an
        overseas custody order the effect of which is different from the
        effect of the Australian order) has been registered under this
        section, whether before or after the date of the making of the
        Australian order, and its registration under this section has not been
        cancelled,

then-

   (c)  a person having rights of custody or access in relation to the child
        under the overseas custody order may apply to a court having
        jurisdiction under this Act for the discharge of the Australian order;
        or

   (d)  a person having rights of custody or access in relation to the child
        under the Australian order may apply to a court having jurisdiction
        under this Act for the cancellation of the registration, under this
        section, of the overseas custody order,

and, where an application is made under paragraph (c) or (d), the court shall
cancel the registration, under this section, of the overseas custody order if-

   (e)  every person having rights of custody or access in relation to the
        child under the overseas custody order consents to the cancellation of
        the registration, under this section, of the overseas custody order;

   (f)  the court is satisfied that there are substantial grounds for
        believing that the welfare of the child will be adversely affected if
        the overseas custody order continues to operate in relation to the
        child; or

   (g)  the court is satisfied that there has been such a change in the
        circumstances of the child
        since the making of the overseas custody order that the
        overseas custody order should not continue to operate in relation to
        the child,

but otherwise the court shall discharge the Australian order.

''(7) This section does not apply in relation to-

   (a)  an overseas custody order that is an interim order; or

   (b)  an overseas custody order conferring rights of custody or access on a
        person where-

        (i)    the order was made on the application of that person;

        (ii)   notice of the making of the application was not served on any
               other person; and

        (iii)  no other person appeared at the hearing of the application.''.