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CHILDREN, YOUTH AND FAMILIES ACT 2005 (NO 96 OF 2005) - SECT 262

Interim accommodation order

    (1)     The Court may make an interim accommodation order in respect of a child if—

        (a)     the child has been taken into safe custody by a protective intervener under this Chapter; or

        (b)     a protection application is filed with the appropriate registrar; or

        (c)     a child has been taken into safe custody under section 247; or

        (d)     an irreconcilable difference application is filed with the appropriate registrar; or

        (e)     an application for conciliation counselling is lodged with the Secretary under section 260; or

        (f)     the hearing by the Court of a proceeding in the Family Division (including a proceeding under this section) is adjourned; or

        (g)     an application for an extension or further extension of the period of an interim accommodation order has been made to the Court under section 267; or

        (h)     an interim accommodation order or any condition attached to an interim accommodation order has not been complied with; or

              (i)     an application for a new interim accommodation order has been made to the Court under section 270(1); or

        (j)     the child is taken into safe custody on a warrant issued under this Chapter; or

        (k)     an appeal has been instituted under Part 4.11 to the Supreme Court or the County Court against an order made by the Children's Court under this Chapter; or

    (l)     a question of law has been reserved by the Family Division under section 533 for the opinion of the Supreme Court.

    (2)     An application for an interim accommodation order may be made—

        (a)     by the child or a parent of the child; or

        (b)     by a protective intervener.

    (3)     The Supreme Court or the County Court may also make an interim accommodation order in respect of a child if the hearing by it of an appeal against an order made by the Children's Court under this Chapter is adjourned.

    (4)     Without limiting any other power to make an interim accommodation order that is expressly conferred on a bail justice by this Division, a bail justice may also make an interim accommodation order in respect of a child in the circumstances referred to in sub-section (1)(a), (c), (h), (i) and (j).

    (5)     If a bail justice makes an interim accommodation order

        (a)     he or she must cause a written copy of the order to be given to every party to the application for the order at the time the order is made; and

        (b)     the protective intervener or, if there is no protective intervener involved, the bail justice must cause a copy of the order to be filed with the appropriate registrar as soon as possible.

    (6)     Despite anything to the contrary in this section, an interim accommodation order must not be made in respect of a child in relation to whom a custody to Secretary order, a guardianship to Secretary order or a long-term guardianship to Secretary order is in force.

    (7)     Despite anything to the contrary in this Chapter, if an interim accommodation order is made as a result of a breach of a supervision order or a supervised custody order, that supervision order or supervised custody order is suspended on the making of the interim accommodation order and remains suspended for the period of operation of the interim accommodation order but the period of the supervision order or supervised custody order is not extended by the suspension.



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