Victorian Numbered Acts Victorian Numbered Acts(1) A supervised custody order—
(a) grants sole or joint custody of the child to the person or persons named in the order; and
(b) must not be made in favour of—
(i) the Secretary in his or her official capacity; or
(ii) a person employed by a community service in his or her official capacity; or
(iii) a parent of the child; and
(c) does not affect the guardianship of the child; and
(d) remains in force for the period (not exceeding 12 months) specified in the order; and
(e) may include any conditions that the Court considers to be in the best interests of the child, including—
(i) a condition concerning access by a parent or other person; and
(ii) in the case of an Aboriginal child, a condition incorporating a cultural plan for the child; and
(f) must provide that if, while the order is in force, the Secretary is satisfied that it is in the child's best interests, the Secretary may in writing direct that the child return to the sole or joint custody of a parent or the parents of the child.
(2) The Court must not make a supervised custody order unless the Court—
(a) has considered the effect of the order on the likelihood of the re-unification of the child with his or her family; and
(b) is satisfied that, so far as practicable, the wishes and feelings of the child have been ascertained and due consideration given to them, having regard to the age and understanding of the child.
(3) A supervised custody order remains in force for the period (not exceeding 12 months) specified in the order.
(4) In making a supervised custody order the Court must have regard to the fact that the ultimate objective is the re-unification of the child with his or her parent and must by the order direct the parties to it to take all appropriate steps to enable the re-unification of the child with his or her parent before the end of the period for which the order remains in force.
(5) If two persons who have been granted joint custody of a child under a supervised custody order cannot agree on the exercise or performance of a right, power or duty vested in them as custodian of the child, either of them may apply to the Court and the Court may make such orders regarding the exercise of the right or power or the performance of the duty as it thinks fit.