Commonwealth Consolidated Regulations Commonwealth Consolidated Regulations(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.