X hits on this document

Word document

THE LAW REFORM COMMISSION OF HONG KONG - page 358 / 360

926 views

0 shares

0 downloads

0 comments

358 / 360

the consent of a person described in subsection (6) below.

(6)The description of a person referred to in subsection (3) above is a person (whether or not a parent of the child) who for the time being has and is exercising in relation to him a right mentioned in paragraph (a) or (c) of subsection (1) above1397; except that, where both the child’s parents are persons so described, the consent required for his removal or retention shall be that of them both.”

Location order

21.The recommended draft section dealing with a location order based on section 67J of the Australian Family Law Act 1975 will provide:

“(1)a location order is an order made by a court requiring:

(a)a person to provide the Registrar of the court with information that the person has or obtains about the child’s location; or

(b)the Secretary of a Department, or an appropriate authority, to provide the Registrar of the court with information about the child’s location that is contained in or comes into the records of the Department or appropriate authority.”

Who may apply for a location order

22.The recommended draft section dealing with who may apply for a location order based on section 67K of the Australian Family Law Act 1975 will provide:

“A location order in relation to a child may be applied for by:

(a)a person who has a residence order in relation to the child; or

(b)a person who has a contact order in relation to the child; or

(c)any other person concerned with the care, best interests or development of the child.”

Recovery order

23.The recommended draft section dealing with a recovery order based on section 67Q of the Australian Family Law Act 1975 will provide:

“A recovery order is an order made by a court doing all or any of the following:

(a)requiring the return of a child to:

(i)a parent of the child; or

1397 For text see supra on parental rights.

Document info
Document views926
Page views926
Page last viewedThu Dec 08 06:40:18 UTC 2016
Pages360
Paragraphs4973
Words145151

Comments