26Cancellation of registered foreign measure and related matters

26 Cancellation of registered foreign measure and related matters

26 Cancellation of registered foreign measure and related matters

(1) An interested person may apply to a New South Wales court to cancel the registration under section 25 of a foreign measure relating to a child.

(2) The New South Wales court may cancel the registration of the foreign measure if any of the following applies—

(a) in the case of a foreign measure that is a foreign personal protection measure relating to a child—the New South Wales court may take a New South Wales personal protection measure relating to the child under Part 2,

(b) in the case of a foreign measure that is a foreign property protection measure relating to a child—the New South Wales court may take a New South Wales property protection measure relating to the child under Part 3,

(c) the relevant competent authority responsible for taking the foreign measure did not have jurisdiction, under the Child Protection Convention, for taking the measure,

(d) in taking the measure, the relevant competent authority is taken to have acted contrary to the fundamental principles of procedure under New South Wales law as mentioned in subsection (3),

(e) recognition or enforcement of the measure in New South Wales is contrary to public policy taking into account the child’s best interests,

(f) in the case of a foreign measure that is a foreign property protection measure relating to a child—there are no appropriate means of enforcing the measure under New South Wales law.

(3) The relevant competent authority is taken to have acted contrary to the fundamental principles of procedure under New South Wales law if—

(a) the competent authority did not give the child, or a person with parental responsibility for the child, an opportunity to be heard before taking the foreign measure, and

(b) the competent authority did not take the foreign measure as a matter of urgency.