FLS News - 14 December 2022Hague Child Abduction Convention cases
The Commonwealth Attorney-General has announced the new Family Law (Child Abduction Convention) Amendment (Family Violence) Regulations 2022 to provide additional safeguards to parents and children fleeing family and domestic violence when Australian courts consider cases brought under the Hague Convention on the Civil Aspects of International Child Abduction.
The new regulations make clear that family and domestic violence is a relevant consideration under the 'grave risk' defence and a court does not need to be satisfied that such violence has occurred or will occur before it is taken into account.
The regulations will also make it clear that:
- conditions can be included on a return order to protect a child from exposure to family and domestic violence even if the court is not satisfied that such violence has occurred or will occur; and
- courts must consider proposed conditions that are put forward by a party in the proceedings.
A copy of the Media Release from the Commonwealth Attorney-General, the Hon Mark Dreyfus KC MP can be found here.
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