Registration of Overseas Parenting Orders (Applicant) - 1996 Hague Convention Country - Central Authority Pathway

Jurisdiction: Federal Circuit and Family Court of Australia (FCFCOA), the Family Court of Western Australia or the Supreme Court of the Northern Territory, operating under Division 4 of Part XIIIAA of the Family Law Act 1975 (Cth), the Family Law (Child Protection Convention) Regulations 2003 and the 1996 Hague Child Protection Convention.

The Process at a Glance: The process begins with obtaining a certified copy of the foreign order, with a certified English translation if it is in another language. The practitioner compiles material on the child's and the parties' connection to Australia. The request goes to the Australian Central Authority (the Secretary of the Attorney-General's Department), with help from the central authority of the country that made the measure if needed. The Australian Central Authority assesses whether the measure is covered by the Convention and, if it is, may send it to a State central authority or to a Registrar of the court (reg 11). The Registrar may register the measure by filing a copy of the document in the court and noting the fact and date of registration on the copy (reg 12(1)). A registered measure has the same effect as a Commonwealth measure in the same terms, and an interested person may then take proceedings in a court with jurisdiction to enforce it (reg 12(2) and (4)). The Regulations do not provide for a certificate of enforceability, a notice of registration or service of such a notice.

Key Legislation and Case Law: Family Law (Child Protection Convention) Regulations 2003 (Cth) - Regulation 11 (a foreign measure received by the Commonwealth central authority may be sent to a Registrar), Regulation 12 (the Registrar may register the foreign measure; once registered it has the same effect as a Commonwealth measure in the same terms), Regulation 16 (in proceedings about a foreign measure the court is bound by the foreign authority's jurisdictional findings of fact and must not review the merits). 1996 Hague Child Protection Convention - Article 24 (recognition), Article 26 (enforcement). Federal Circuit and Family Court of Australia (Family Law) Rules 2021 - Part 2.6 (service), which applies to documents filed in any later enforcement proceeding; the Rules contain no notice of registration.

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