Victorian Repealed Acts

This legislation has been repealed.

Children and Young Persons Act 1989 - SECT 98

Supervised custody order

98. Supervised custody order



(1) A supervised custody order is a custody to third party order that, despite
section 96(1)(f), includes a condition that gives powers or duties to the
Secretary or otherwise involves the Secretary in the supervision of the order.

(2) A supervised custody order remains in force for the period (not exceeding
12 months) specified in the order and that period cannot be extended.

(3) 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.

(4) Sections 93 and 95 apply to a supervised custody order as if-

   (a)  any references in those sections to a supervision order were
        references to a supervised custody order; and

   (b)  any references in those sections to the parent of the child were
        references to the person who has custody of the child; and

(c) in section 95(5)(b) after "but must not" there were inserted "make any
change in the custody of the child or".

(5) Section 97 applies to a supervised custody order as if-

   (a)  any references in that section to a custody to third party order were
        references to a supervised custody order; and

   (b)  the following paragraph were inserted at the end of sub-sections (1)
        and (3)-



"(d) the Secretary.".

Subdivision 6-Custody to Director-General Order