Victorian Numbered Acts

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CHILDREN, YOUTH AND FAMILIES ACT 2005 (NO 96 OF 2005) - SECT 288

Lapsing of custody to Secretary order

    (1)     A custody to Secretary order

        (a)     is, subject to sub-section (2), suspended on the making, with the prior consent of the Secretary, of an application under the Family Law Act 1975 of the Commonwealth by a person who is not a parent of the child, seeking an order with respect to the custody or the guardianship and custody of the child, on the terms of which the parties to the application have agreed; and

        (b)     ceases to be in force on the making of that order under the Family Law Act 1975 of the Commonwealth.

    (2)     A custody to Secretary order that has been suspended under sub-section (1)(a) revives if—

        (a)     the application for the order sought under the Family Law Act 1975 of the Commonwealth is withdrawn; or

        (b)     the order sought is refused.



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