Child or parent to be present in Australia etc.
(1) Proceedings may be instituted under this Act in relation to a child only if: (a) the child is present in Australia on the relevant day (as defined in subsection (2)); or (b) the child is an Australian citizen, or is ordinarily resident in Australia, on the relevant day; or (c) a parent of the child is an Australian citizen, is ordinarily resident in Australia, or is present in Australia, on the relevant day; or (d) a party to the proceedings is an Australian citizen, is ordinarily resident in Australia, or is present in Australia, on the relevant day; or (e) it would be in accordance with a treaty or arrangement in force between Australia and an overseas jurisdiction, or the common law rules of private international law, for the court to exercise jurisdiction in the proceedings. (2) In this section: relevant day, in relation to proceedings, means: (a) if the application instituting the proceedings is filed in a court—the day on which the application is filed; or (b) in any other case—the day on which the application instituting the proceedings is made. Note: Division 4 of Part XIIIAA (International protection of children) has effect despite this section.
Sourced from the Federal Register of Legislation at 26 May 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au. Verify the current text against the official source before relying on it.
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