24Request for access to child in Australia

24 Request for access to child in Australia

(1) The Commonwealth Central Authority must take action to establish, organise or secure the effective exercise of rights of access to a child in Australia if: (a) it receives a request from a Central Authority on behalf of a person who claims: (i) to have rights of access to the child under a law in force in a convention country; and (ii) that those rights have been breached; and (b) it is satisfied that the request is in accordance with the Convention. (2) The Commonwealth Central Authority may, by notice in writing, refuse to accept a request received by it if it is satisfied that the request is not in accordance with the Convention. (3) A notice under subregulation (2) must: (a) be sent to the Central Authority that sent the request; and (b) include the reason for the refusal. (4) For subregulation (1), the action taken may include any of the following: (a) transferring the request to a State Central Authority; (b) applying to a court under regulation 25 for an order that is necessary or appropriate to establish, organise or secure the effective exercise of the rights of access to which the request relates; (c) seeking an amicable resolution in relation to the rights of access to the child.