World Video | Defence | Foreign Affairs | Natural Events | Trade | NZ in World News | NZ National News Video | NZ Regional News | Search


Easier resolution of international family disputes

Easier resolution of international family law disputes

Families split between Australia and other countries will find it easier to resolve family law disputes under legislation passed by the Federal Parliament yesterday.

The Family Law Amendment (Child Protection Convention) Bill 2002 amends the Family Law Act 1975 to enable Australia to ratify the Hague Convention on Jurisdiction, Applicable Law, Recognition, Enforcement and Co-operation in respect of Parental Responsibility and Measures for the Protection of Children 1996.

The aim of the legislation is to address conflicts in children’s matters between courts in different countries.

This has been a longstanding area of difficulty for Australian courts, resulting in Australian and overseas courts sometimes making conflicting parenting orders in relation to the same children.

The Convention will provide significant benefits to families facing international litigation by providing clear rules to determine whether courts here or abroad have jurisdiction in particular circumstances.

It also guarantees the recognition and enforcement of Australian parental responsibility orders in other Convention countries.

And it addresses the problem of international cases involving protection of children from abuse and neglect.

The Convention provides rules determining which child protection authorities have jurisdiction in relation to a child.

In Australia this is an area of responsibility for State and Territory Governments. Commonwealth and State officials have been cooperating in the development of a legislative scheme to implement this aspect of the Convention in Australia.

The Parliamentary Joint Standing Committee on Treaties has endorsed the Government's proposal that Australia ratify the Convention.

Australia has already ratified a number of other Hague Conventions on subjects such as Intercountry Adoption, Enforcement of Maintenance Orders and on International Child Abduction.

© Scoop Media

World Headlines


Decriminalising Same-Sex Relationships: UN Rights Chief Applauds Indian Decision

“This is a great day for India and for all those who believe in the universality of human rights," Bachelet said. "With this landmark decision, the Indian Supreme Court has taken a big step forward for freedom and equality...” More>>


Myanmar: UN Chief Rohingya Refugee Crisis Enters Second Year

Over 700,000 Rohingya fled Myanmar to ramshackle refugee camps in neighbouring Bangladesh’s Cox’s Bazar area, Bangladesh after being forced from their homes by a military operation which UN human rights chief Zeid Ra’ad al Hussein compared, at the time, to ethnic cleansing. More>>


Scott Morrison In Hot Seat: NZ Congratulates Current Australian PM

Prime Minister Jacinda Ardern has today congratulated Scott Morrison on winning the leadership of the Australian Liberal Party and has acknowledged outgoing Prime Minister Malcolm Turnbull. More>>


Swing States: Gordon Campbell On Why The US Needs MMP

After the bizarre events this week in Helsinki, the world will be hoping and praying that the US midterm elections in November can put a restraining brake on the presidency of Donald Trump. This may happen, but there’s a highly undemocratic reason why such hopes may be frustrated. More>>


  • Pacific.Scoop
  • Cafe Pacific
  • PMC