(1) An order may be made by the Children's Court doing any
one or more of the following--
(a) stipulating minimum requirements concerning
the frequency and duration of contact between a child or young person and his
or her parents, relatives or other persons of significance to the child or
young person,
(b) requiring contact with a specified person to be supervised,
(c) denying contact with a specified person if contact with that person is not
in the best interests of the child or young person.
(a) on application made by any party to
proceedings before the Children's Court with respect to a child or
young person, or
(b) with leave of the Children's Court--on application made
by any of the following persons who were parties to care proceedings with
respect to a child or young person--
(v) any person who considers himself or
herself to have a sufficient interest in the welfare of the child or
young person, or
(c) with leave of the Children's Court--on application made
by any person who considers himself or herself to have a sufficient interest
in the welfare of the child or young person.
(1B) The Children's Court may
grant leave under subsection (1A)(b) or (c) if it appears to the Court that
there has been a significant change in any relevant circumstances since a
final order was made in the proceedings.
(1C) The Children's Court is not
required to hear or determine an application made to it with respect to a
child or young person by a person referred to in subsection (1A)(c) unless it
considers the person to have a sufficient interest in the welfare of the child
or young person.
(1D) Before granting leave under subsection (1A)(b) or (c),
the Children's Court--
(a) must take into consideration whether the applicant
for the contact order and persons to whom the contact order applies have
attempted, or been ordered by the Children's Court to try, to reach an
agreement about contact arrangements by participating in
alternative dispute resolution, and
(1E) Subject to any order the Children's Court may make, an
applicant for a contact order under subsection (1A)(b) who was a party to
care proceedings must notify other persons who were parties to the proceedings
of the making of the application.
Note : Section 256A sets out the
circumstances in which the Children's Court may dispense with the requirement
to give notice.
(1F) A contact order made under subsection (1A)(b) on
application of a person who was a party to proceedings in which an earlier
contact order was made that has expired may be made in the same or different
terms to the expired order.
(2) The Children's Court may make an order that
contact be supervised by the Secretary or a person employed in that part of
the Department comprising those members of staff who are principally involved
in the administration of this Act only with the Secretary's or person's
consent and must not be made in relation to contact with a child or
young person who is the subject of a guardianship order.
(4) An order of the
kind referred to in subsection (1)(b) may be made only with the consent of the
person specified in the order and the person who is required to supervise the
contact.
(5) A contact order made under this section has effect for the
period specified in the order, unless the order is varied or rescinded under
section 86A or 90.
(6) Despite subsection (5), if the Children's Court
decides (whether by acceptance of the Secretary's assessment under section 83
or otherwise) that there is no realistic possibility of restoration of a child
or young person to his or her parent, the maximum period that may be specified
in a contact order made under subsection (1A) concerning the child or
young person is 12 months.
(7) Subsection (6) does not apply to a
contact order made on the application of a former party to proceedings in
which an earlier contact order was made that has expired.
