Family Law (Child Abduction Convention) Regulations 1986
18Effect of other custody orders in Australia or overseas
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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.