Applicable law concerning parental responsibility
111CS Applicable law concerning parental responsibility
The principles set out in this section apply despite anything in this Act.
The circumstances in which parental responsibility for a child is attributed to a person, or extinguished, by operation of law (without the intervention of a court or appropriate authority) are governed by the law that applies in the country of the child’s habitual residence.
The circumstances in which parental responsibility for a child is attributed to a person, or extinguished, by an agreement or a unilateral act (without the intervention of a court or appropriate authority) are governed by the law that applies in the country of the child’s habitual residence when the agreement or act takes effect.
The exercise of parental responsibility for a child is governed by the law applying in the country of the child’s habitual residence.
If a child’s country of habitual residence changes to another country:
parental responsibility for the child that exists under the law applying in the country in which the child was habitually resident continues to exist; and
the circumstances in which parental responsibility for the child is attributed by operation of law to a person who does not already have such responsibility are governed by the law applying in the country of the new habitual residence; and
the exercise of parental responsibility for the child is governed by the law applying in the country of the new habitual residence.
Despite subsections (2) to (5), if:
the law that applies because of this section is the law of a non‑Convention country; and
the choice of law rules of that non‑Convention country designate that the law of another non‑Convention country applies; and
the other non‑Convention country would apply its own law;
the law of that other non‑Convention country applies instead.
The parental responsibility referred to in subsection (2), (3), (4) or (5) may be ended, or the conditions of its exercise changed, by a measure taken in accordance with section 111CD or 111CK.
A court need not apply a principle set out in subsection (2), (3), (4) or (5) if, on the application of an interested person, the court considers that doing so would be manifestly contrary to public policy having regard to the best interests of the child concerned.
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