FLS News - 14 December 2022

FLS News - 14 December 2022

‍04 February 2024 ‍

FLS News - 14 December 2022

Hague 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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Family Law Section Executive

Di Simpson (Chair)

ACT Representative
Dobinson Davey Clifford Simpson
DS@ddcslawyers.com.au

Jason Walker (Deputy Chair)

VIC Solicitor Representative
Forté Family Lawyers
jwalker@fortefamilylawyers.com.au

Nicola Watts (Treasurer)

WA Representative
O’Sullivan Davies
nwatts@osullivandavies.com.au

Paul Doolan (Immediate Past Chair)
Barkus Doolan Winning
paul_doolan@famlaw.com.au

Jamie Burreket
NSW Solicitor Representative
Broun Abrahams Burreket
jburreket@bablaw.com.au

Peter Cummings SC
NSW Barrister Representative

Waratah Chambers
cummingssc@waratahchambers.com.au

Jasmine Evans
QLD Solicitor Representative

McCarthy Durie Lawyers
jasminee@mdl.com.au

Greg Howe
SA Representative

Howe Jenkin Family Lawyers
ghowe@howejenkin.com.au

Philip Looney KC
QLD Barrister Representative

Inns of Court
philiplooney@qldbar.asn.au

Trevor McKenna
TAS Representative

Ogilvie Jennings
trevor.mckenna@ogilviejennings.com.au

Dr Robin Smith
VIC Barrister Representative

Owen Dixon Chambers East
robin.smith@vicbar.com.au

Aditi Srinivas
NT Representative

Northern Territory Legal Aid Commission
aditi.srinivas@legalaid.nt.gov.au

CONTACT US


Family Law Section
Law Council of Australia
GPO Box 1989
Canberra ACT 2601

Phone (02) 6246 3761

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Email: mail@familylawsection.org.au