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Family → Enforcement → Registration and enforcement of overseas orders and agreements
Overview — Registration and enforcement of overseas orders and agreements
Justin Dowd, Partner, Watts McCray
Two issues that can arise in family law practice are the questions of enforcing Australian orders in an overseas country or, conversely, enforcing orders made overseas in Australia.
The subjects covered in this topic relate to the circumstance where an interim or final order has been made either in Australia or in an overseas country. In circumstances where orders are sought in Australia, or in an overseas country, and the respondent opposes the exercise of jurisdiction in that country, then that objection must be taken prior to the making of orders. As to the question of competing jurisdictions, known as an argument as to forum, see Appropriate forum.
Enforcement of overseas orders and agreements — children’s issues
The Family Law Act 1975 prescribes a regime for the registration of overseas orders and the enforcement of those overseas orders in Australia. In relation to the registration and enforcement of Australian orders in an overseas country, with respect to children, see Enforcement of overseas orders and agreements — children’s issues.
Enforcement of overseas orders and agreements — property and financial
In relation to the registration and enforcement of Australian orders in an overseas country, with respect to property and financial issues see Enforcement of overseas orders and agreements — property and financial issues.
Australian orders and agreements to be enforced overseas — children
In relation to the registration and enforcement of overseas orders in Australia with respect to children’s matters, see Australian orders and agreements to be enforced overseas — children.
Australian orders and agreements to be enforced overseas — Maintenance
In relation to the registration and enforcement of Australian orders in an overseas country with respect to financial matters see Australian orders and agreements to be enforced overseas — Maintenance.
The Hague Convention on the Civil Aspects of International Child Abduction provides a specific framework for the return of children to their country of habitual residence if the children have been wrongfully taken to, or wrongfully retained in, another overseas country which is a signatory to the Hague Convention.
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