Registration of Overseas Family Law Parenting Orders

In today's globalized world, it is increasingly common for couples who have temporarily resided overseas to return to Australia due to various reasons such as job opportunities or family commitments. Unfortunately, during their time abroad, these couples often experience separation and are compelled to establish Final Parenting Orders to determine the care arrangements for their children.

The process of registering overseas Final Parenting Orders in Australia is governed by Schedule 1A of the Family Law Regulations 1984 (Cth). This comprehensive list specifies the countries, or parts thereof, where overseas Final Parenting Orders can be registered in Australia. Notably, this includes countries like the United States of America, New Zealand, Papua New Guinea, Austria, and Switzerland.

To facilitate the registration of overseas Parenting Orders, the Australian Central Authority oversees the entire process. Pursuant to Regulation 23 of the Family Law Regulations 1984 (Cth), the Applicant must fulfill the following requirements:

  1. Provide a certified copy of the overseas Order, accompanied by a cover letter addressed to the Australian Central Authority, requesting the registration of the overseas Order.

  2. Prepare a Certificate of Enforceability, which is a document signed by an officer of a Court or another authorized authority in the overseas jurisdiction. This certificate attests that the overseas Order is enforceable in that particular country.

Once the registration is complete, the Final Order will be officially sealed by the Federal Circuit and Family Court of Australia. It will then be accessible through the Commonwealth Courts Portal. The registered Final Order remains valid until the registration is cancelled.

In conclusion, registering overseas Parenting Orders in Australia can be a complex and time-consuming process, primarily due to the meticulous drafting requirements for the Certificate of Enforceability and the information necessary to be provided to the Australian Central Authority. However, our highly experienced Family Law team specializes in the registration of overseas Orders and aims to alleviate the associated stressors.

If you are seeking to register your overseas Parenting Orders, we encourage you to contact our office without delay. Our dedicated Family Law team is highly experienced in this area and are able to provide you with clear and accurate advice, ensuring an efficient registration process for your overseas Parenting Orders.

Jegan Nagalingam

Associate,
Hope Earle Lawyers

Important Disclaimer - This publication is general in nature and is not intended to be, nor should be, considered as legal advice. For legal advice please contact Hope Earle Lawyers on +61 3 9600 3330.