Commonwealth Numbered Regulations

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1995 No. 296 FAMILY LAW (CHILD ABDUCTION CONVENTION) REGULATIONS (AMENDMENT) - REG 17

17. Regulation 18 (Effect of other custody orders in Australia or overseas)
17.1 Omit the regulation, substitute: Effect of other custody orders in
Australia or overseas

"18. The following rules apply to the hearing of an application made under
subregulation 14 (1) or (2):

   (a)  the court must not refuse to make an order for the return of the child
        to the country in which he or she habitually resided immediately
        before his or her removal or retention 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.". 


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