Family Law Act 1975

A Commonwealth personal protection measure relating to a child that is taken by a court exercising jurisdiction in accordance with subparagraph 111CD(1)(b)(i) or (ii) lapses if:

a foreign personal protection measure relating to the child is taken by a competent authority of a Convention country; and

any of the following applies:

the child is habitually resident in the Convention country;

the child is present in the Convention country and is a refugee child;

a request to assume jurisdiction is made to the competent authority of the Convention country by, or at the invitation of, a competent authority of the country of the child’s habitual residence;

a competent authority of the country of the child’s habitual residence agrees to the competent authority of the Convention country assuming jurisdiction;

a competent authority of the Convention country is exercising jurisdiction in proceedings concerning the divorce or separation of the child’s parents or the annulment of their marriage (but see subsection (2));

the child has been wrongfully removed from or retained outside the Convention country and a competent authority of the Convention country keeps jurisdiction under Article 7 of the Child Protection Convention.

Subparagraph (1)(b)(v) only applies if:

one or both of the child’s parents are habitually resident in the Convention country when the proceedings referred to in that subparagraph are started; and

one or both of the parents has parental responsibility for the child; and

the jurisdiction of the competent authority of the Convention country to take the measure is accepted by the parents and each other person with parental responsibility for the child; and

the exercise of jurisdiction to take the measure is in the best interests of the child; and

the proceedings on the application for divorce or separation of the child’s parents or the annulment of their marriage have not been finalised.

A Commonwealth personal protection measure relating to a child that is taken by a court exercising jurisdiction in a case of urgency, or in the taking of a measure of a provisional character, lapses if:

a measure required by the situation for protecting the person of the child is taken by a competent authority of a non‑Convention country; and

the measure is registered:

in accordance with regulations made for the purposes of section 70G; or

under a law of a State or Territory.