CHILDREN AND YOUNG PEOPLE ACT 2008 - SECT 428 Care and protection order—cross-application for different

CHILDREN AND YOUNG PEOPLE ACT 2008 - SECT 428

    (1)     A party to a proceeding for a care and protection order for a child or young person may cross-apply for a different provision to be included in the order, different terms in a provision in the order or a different order, if the party—

        (a)     believes on reasonable grounds that the different provision, terms or order is in the best interests of the child or young person; and

        (b)     has leave of the Childrens Court to cross-apply.

Example—different term in provision in order

An order includes a residence provision about with whom the child must live. A party may cross-apply for the residence provision to provide for the child to live with a different person.

    (2)     If a party seeks the leave of the Childrens Court to cross-apply, the court may give leave only if satisfied that there are reasonable grounds for believing that the different provision, terms or order is in the best interests of the child or young person.

Note 1     Statements, documents and reports must be included in the application (see  s 696).

Note 2     Oral applications may also be made (see  s 698).