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CARE AND PROTECTION OF CHILDREN ACT 2007 (NO 37 OF 2007) - SECT 164 Order of Court

CARE AND PROTECTION OF CHILDREN ACT 2007 (NO 37 OF 2007) - SECT 164

Order of Court

    (1)     The Court may, by order:

    (a)     transfer the home order to the participating State; or

    (b)     dismiss the application.

    (2)     If the Court transfers the order to the State, the Court must specify in the transferred order the period for which it is to be in force.

    (3)     The period must not be longer than the maximum period for which a child protection order of the State that has the same or a similar effect as the transferred order can be in force in the State.

    (4)     The Court may also specify provisions to be included in the transferred order to the extent to which they can be included in a child protection order mentioned in subsection (3).

    (5)     However, in specifying the matters mentioned in subsections (2) to (4), the Court must be satisfied:

    (a)     the transferred order will have the same or a similar effect as the home order; and

    (b)     the interstate officer of the State has consented in writing to the matters; and

    (c)     the transferred order is in the best interests of the child.