19ADischarge of return order

19A Discharge of return order

(1) If a court makes a return order, the responsible Central Authority, the Article 3 applicant or a respondent to the proceeding may apply to the court, in accordance with Form 2D, for the discharge of the order. (2) The court may make an order discharging a return order, or a part of a return order, only if it is satisfied that: (a) all the parties consent to the return order being discharged; or (b) since the return order was made, circumstances have arisen that make it impracticable for the order to be carried out; or (c) exceptional circumstances exist that justify the return order being discharged; or (d) the day on which the application for the discharge of the return order was made is more than 1 year after the return order was made or any appeal in relation to the return order was determined. (3) In considering whether to make an order discharging a return order, the court must have regard to section 111CE of the Act if the convention country from which the child was removed is also a Convention country within the meaning of subsection 111CA(1) of the Act.