Victorian Numbered Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

CHILDREN, YOUTH AND FAMILIES ACT 2005 (NO 96 OF 2005) - SECT 295

Matters to be taken into account

    (1)     In determining an extension application relating to a supervised custody order, the Court must be satisfied that the ultimate objective of re-unification of the child with his or her parent is still achievable.

    (2)     In determining an extension application relating to a custody to Secretary order or a guardianship to Secretary order, the Court must give due consideration to the following matters in the following order

        (a)     the appropriateness of making a permanent care order in respect of the child;

        (b)     the benefits of the child remaining in the custody, or custody and guardianship, of the Secretary.

    (3)     In determining an extension application relating to a custody to Secretary order or a guardianship to Secretary order, the Court must take into account—

        (a)     the nature of the relationship of the child with his or her parent, including the nature of the access between the child and the parent during the period of the order; and

        (b)     the capacity of the parent to fulfil the responsibilities and duties of parenthood, including the capacity to provide adequately for the emotional, intellectual, educational and other needs of the child; and

        (c)     any action taken by the parent to give effect to the goals set out in the case plan; and

        (d)     the effects on the child of continued separation from the parent; and

        (e)     any other fact or circumstance that, in the opinion of the Court, should be taken into account in considering the best interests of the child.



AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback