CARE AND PROTECTION OF CHILDREN ACT 2007 (NO 37 OF 2007) - SECT 130 Court to consider certain matters

CARE AND PROTECTION OF CHILDREN ACT 2007 (NO 37 OF 2007) - SECT 130

    (1)     In making the decision, the Court must consider:

    (a)     any matters arising from a mediation conference for the child; and

    (b)     the wishes of the following:

        (i)     the child;

        (ii)     a parent of the child;

        (iii)     a person proposed to be given daily care and control of, or parental responsibility for, the child under the order;

        (iv)     any other person considered by the Court to have a direct and significant interest in the wellbeing of the child; and

    (c)     if the CEO proposes that daily care and control of, or parental responsibility for, the child be given to a person (including, for example, the CEO):

        (i)     any report or recommendation given to the Court by the CEO about the proposal; and

        (ii)     whether there is another person who is better suited to be given daily care and control of, or parental responsibility for, the child; and

        (iii)     the needs of the child for long-term stability and security; and

    (d)     any other matters the Court considers relevant.

    (2)     Without limiting subsection (1)(c), the Court must not give a person who is not a parent of the child parental responsibility for the child under a long-term parental responsibility direction unless the Court is satisfied:

    (a)     giving the responsibility to the person is the best means of safeguarding the child's wellbeing; and

    (b)     there is no one else who is better suited to be given the responsibility.