Guidelines Part 3 - Matter Type Guidelines Cwth Family Law Matter Type Guidelines Guideline 18 International Child Abduction Matters| International Child Abduction Matters |
Guideline : Cwth
Number: 18 Effective Date: 15/7/10 Law: Cwth Family |
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| 18.1 | Assistance in relation to international child abduction matters | ||||
| (1) | The Commission may make a Grant of Legal Assistance to an applicant for assistance to: | ||||
| (a) | defend an application to the court under the Hague Convention on the Civil Aspects of International Child Abduction (the Convention) for: | ||||
| (i) | the return of a child who has been removed from a convention country to, or retained in, Australia, or | ||||
| (ii) | access to a child who is living in Australia | ||||
| (b) | make an application to the court under the Family Law (Child Abduction Convention) Regulations 1986 for a declaration that the removal of a child from Australia to a convention country, or the retention of a child in a convention country, is wrongful within the meaning of the Convention | ||||
| (c) | make an application to the court under a bilateral agreement in relation to a child who has been wrongfully removed to Australia. | ||||
| (2) | A Grant of Legal Assistance is not available to an applicant for assistance to intervene in proceedings relating to the return of a child under the Convention. | ||||