CARE AND PROTECTION OF CHILDREN ACT 2007 (NO 37 OF 2007) - SECT 160 When CEO may apply to Court for transfer

CARE AND PROTECTION OF CHILDREN ACT 2007 (NO 37 OF 2007) - SECT 160

The CEO may apply to the Court for an order transferring a home order to a participating State if:

    (a)     the child to whom the order relates is residing, or is about to reside, in the State; and

    (b)     the order is not subject to an appeal and the time for instituting an appeal has expired; and

    (c)     the CEO considers the wellbeing of the child will not be adversely affected by the transfer, having regard to the wishes of:

        (i)     the child; and

        (ii)     each parent of the child; and

        (iii)     any other person who has access to the child under the order; and

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

    (d)     the CEO considers a child protection order having the same or a similar effect as the home order can be made under the child welfare law of the State; and

    (e)     the CEO considers it appropriate for the interstate officer of the State to exercise powers and responsibilities under a child protection order for the child; and

    (f)     the interstate officer has consented in writing to the transfer and any of the following matters proposed by the CEO for the transfer:

        (i)     the period for which the transferred order is to be in force;

        (ii)     provisions to be included in the transferred order; and

    (g)     one or more of the following apply:

        (i)     a person whose consent to the transfer is required under section 157 has refused or failed to do so;

        (ii)     the CEO considers the transferred order should include provisions different from those that are included in the home order;

        (iii)     the CEO considers that, if the CEO were to make a decision to transfer the order, a person is likely to apply for a review of the decision under section 159 ;

        (iv)     the CEO otherwise considers it appropriate for the Court to decide whether or not to transfer the order.