Section 70J — Family Law Act 1975: Effect of registration on exercise of jurisdiction

(1) A court in Australia that is aware that an overseas child order is registered under section 70G must not exercise jurisdiction in proceedings for the making of a Subdivision C parenting order in relation to the child concerned unless: (a) each person: (i) with whom the child is supposed to live; or (ii) who is to spend time with the child; or (iii) who is to have contact with the child; or (iv) who has rights of custody or access in relation to the child; under the overseas order consents to the exercise of jurisdiction by the court in the proceedings; or (b) the court is satisfied that there are substantial grounds for believing that the child’s welfare requires that the court exercise jurisdiction in the proceedings. (2) If a court exercises jurisdiction in proceedings for a Subdivision C parenting order in relation to a child who is the subject of an overseas child order, the court must not make a Subdivision C parenting order in relation to the child unless it is satisfied: (a) that the welfare of the child is likely to be adversely affected if the order is not made; or (b) that there has been such a change in the circumstances of the child since the making of the overseas child order that the Subdivision C parenting order ought to be made.