CHILDREN AND YOUNG PERSONS (CARE AND PROTECTION) ACT 1998 - SECT 91I
Right of appeal
CHILDREN AND YOUNG PERSONS (CARE AND PROTECTION) ACT 1998 - SECT 91I
Right of appeal
91I Right of appeal
(1) A party to proceedings under this Part who is
dissatisfied with a parent capacity order of the Children's Court (including a
parent capacity order made under section 90A) may, in accordance with the
rules of the District Court, appeal to the District Court on a question of
law.
(2) The District Court is to hear and determine the appeal and make such
order as it thinks appropriate by reason of its decision, including, without
limiting the Court's power to make such orders, an order confirming, varying
or setting aside the decision of the Children's Court.
(3) Subject to any
interlocutory order made by the District Court, an appeal does not affect the
operation of the order appealed against or prevent the taking of action to
implement that order.
(4) The provisions of Chapter 6 apply to and in respect
of the hearing of an appeal under this section in the same way as they apply
to and in respect of the hearing of a care application under that Chapter.
