Court may declare recognition under s. 136A or 136C of no effect in WA
136F Court may declare recognition under s. 136A or 136C of no effect in WA
If the State Central Authority considers that —
an adoption recognised under section 136A or 136C; or
a decision made in accordance with Article 27 of the Hague Convention,
is manifestly contrary to public policy, taking into account the best interests of the child to whom the adoption or decision relates, the State Central Authority may apply to the Court for a declaration that the adoption or decision is not recognised.
If the Court is satisfied that —
an adoption recognised under section 136A or 136C; or
a decision made in accordance with Article 27 of the Hague Convention,
is manifestly contrary to public policy, taking into account the best interests of the child to whom the adoption or decision relates, the Court may declare that the adoption or decision is not recognised in this State and that the adoption or decision has no effect in this State.
A declaration made under subsection (2) has effect according to its tenor.
If the State Central Authority makes an application to the Court under subsection (1), the Authority is to give the Commonwealth Central Authority written notice of the application.
After the Court has made a decision under subsection (2), the State Central Authority is to give the Commonwealth Central Authority written notice of the Court’s decision.
A declaration made by a court of another State or a Territory under a law corresponding to subsection (2) is to be treated as having the same effect as a declaration made under that subsection.
[Section 136F inserted: No. 7 of 1999 s. 16; amended: No. 8 of 2003 s. 79.]
The statute text is free to read above. View subscription options to unlock the case-law research tools for each provision.