CHILDREN AND YOUNG PEOPLE ACT 1999 (NO. 63 OF 1999) - SECT 306 Type of order

CHILDREN AND YOUNG PEOPLE ACT 1999 (NO. 63 OF 1999) - SECT 306

(1)     If the court decides to transfer a child care and protection order (the home order ), the form of the child care and protection order to be transferred (the interstate order ) is to be a child care and protection order that could be made under the child welfare law of the participating State and that the court believes to be—

        (a)     to the same or a similar effect as the home order; or

        (b)     otherwise in the best interests of the child or young person.

(2)     The court may include in the interstate order a condition that could be included in a child care and protection order of that type made in the relevant participating State.

(3)     In deciding whether an order to the same or a similar effect as the home order could be made under the child welfare law of a participating State, the court should not take into account the period for which it is possible to make such an order in that State.

(4)     The period for which an interstate order is to remain in force must be decided by the court and stated in the order.

(5)     The period must be a period—

        (a)     for which a child care and protection order of the type of the interstate order may be made under the child welfare law of the participating State; and

        (b)     that the court considers appropriate.