Limitation if a competent authority of Convention country is asked to assume jurisdiction
13 Limitation if a competent authority of Convention country is asked to assume jurisdiction
A Queensland court may order the department to request, in a way the department considers appropriate, a competent authority described in Article 8, paragraph 2 of the Child Protection Convention—
to assume jurisdiction under Article 8 of the Convention for protecting the person of a child; and
as the competent authority considers necessary, to take measures to protect the person of a child; and
to report to the court about the outcome of the request.
In addition, the Queensland court may make any other order it considers necessary for an order under subsection (1).
The Queensland court may only make the order under subsection (1) if the court considers that the competent authority is better placed to assess the child’s best interests.
The Queensland court may accept or reject a request under Article 9 of the Child Protection Convention made by a competent authority of a Convention country described in Article 8, paragraph 2 of the Convention, for the competent authority to assume jurisdiction to take a measure for protecting the person of the child.
If the competent authority assumes jurisdiction under the request, a Queensland court must not exercise jurisdiction under section 9(2)(a), (b)(iii) to (v), (c) or (d), while the competent authority continues to exercise its jurisdiction.
This Act’s bill:Explanatory memorandum
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