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FAMILY LAW (CHILD ABDUCTION CONVENTION) REGULATIONS 1986 - REG 18 Effect of other custody orders in Australia or overseas

FAMILY LAW (CHILD ABDUCTION CONVENTION) REGULATIONS 1986 - REG 18

Effect of other custody orders in Australia or overseas

  (1)   The following rules apply to the hearing of an application made under subregulation   14(1):

  (a)   the court must not refuse to make a return order for the child only because there is in force or enforceable in Australia an order relating to the custody of the child;

  (b)   the court may take into account the reasons for the making of any order relating to the custody of the child;

  (c)   an order for the return of the child does not determine the merits of any custody issue in relation to the child.

  (2)   In this regulation:

"custody" , in relation to a child, includes:

  (a)   guardianship of the child; and

  (b)   responsibility for the long - term or day - to - day care, welfare and development of the child; and

  (c)   responsibility as the person or persons with whom the child is to live.