Victorian Repealed Acts

This legislation has been repealed.

Children and Young Persons Act 1989 - SECT 112

When Court may make permanent care order

112. When Court may make permanent care order



(1) The Court may make a permanent care order in respect of a child if-

   (a)  the child's parent has not had care of the child for a period of at
        least 2 years or for periods that total at least 2 of the last 3
        years; and

   (b)  it is satisfied that-

   (i)  the parent is unable or unwilling to resume custody and guardianship
        of the child; or

   (ii) it would not be in the best interests of the child for the parent to
        resume custody and guardianship of the child; and

   (c)  it is satisfied that the person or persons named in the application as
        suitable to have custody and guardianship of the child is or are
        suitable having regard to-

   (i)  any prescribed matters; and

   (ii) any wishes expressed by the parent in relation to those prescribed
        matters; and

   (d)  it is satisfied that the person or persons named in the application is
        or are willing and able to assume responsibility for the permanent
        care of the child by having custody and guardianship of the child; and

   (e)  in the case of an Aboriginal child, it has received a report from an
        Aboriginal agency that recommends the making of the order; and

   (f)  it 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; and

   (g)  it is satisfied that the welfare and interests of the child will be
        promoted by the making of the order.

(2) An application for a permanent care order may be made by the Secretary in
relation to a person who is, or persons who are, approved by the Secretary as
suitable to have custody and guardianship of the child.

(2A) With the leave of the Court, the person or persons named in the
application as suitable to have custody and guardianship of the child may
appear, and be legally represented at, the hearing of the application and may
call and examine or cross-examine witnesses and make submissions.

(2B) The person or persons referred to in sub-section (2A) must be taken to be
a party to a proceeding in the Court for the purposes of section 18, 19, 22 or
23.

(3) A permanent care order-

   (a)  subject to paragraph (b), grants custody and guardianship of the child
        to the person or persons named in the order (not being the child's
        parent or the Secretary) to the exclusion of all other persons; and

   (b)  may vest guardianship of the child jointly in the person or persons
        named in the order and the child's parent if the Court is satisfied
        that-



   (i)  the Secretary, the child and the persons to be named in the order as
        guardians have agreed on the terms of the order; and

   (ii) special circumstances exist which justify the making of such an order;
        and

   (c)  may continue in force after the child attains the age of 17 years but
        ceases to be in force-

   (i)  when the child attains the age of 18 years; or

   (ii) when the child marries-

whichever happens first; and

   (d)  must include conditions that the Court considers to be in the
        interests of the child concerning access by the child's parent.

(4) The appropriate registrar must cause a copy of an application under this
section to be given or sent by post as soon as possible to-

   (a)  the child who is the subject of the application; and

   (b)  the parent of the child; and

   (c)  the person or persons named in the application as suitable to have
        custody and guardianship of the child; and





   (d)  such other persons as the Court directs.

(5) On the making of a permanent care order any protection order then in force
in respect of the child ceases to be in force.





(6) If two persons who have been granted joint custody or guardianship of a
child under a permanent care order cannot agree on the exercise or performance
of a right, power or duty vested in them as custodian or guardian 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.