South Australian Consolidated Acts

CHILDREN'S PROTECTION ACT 1993 - SECT 9

9—Voluntary custody agreements

        (1)         The guardians of a child and the Minister may enter into an agreement (a "custody agreement") under which the Minister will have the custody of the child while the agreement has effect.

        (2)         Despite subsection (1)—

            (a)         if the whereabouts of a guardian of a child cannot, after reasonable enquiries, be ascertained; or

            (b)         if a guardian of a child has failed to respond within a reasonable period of time to a request that he or she enter into a custody agreement; or

            (c)         if it is not, in all the circumstances of the case, reasonably practicable to request a particular guardian of a child to enter into a custody agreement,

the remaining guardian or guardians may enter into a custody agreement in respect of the child.

        (3)         Negotiations for a custody agreement may be initiated by a guardian of a child or by a child of or above the age of 16 years, but no such agreement can be entered into (or extended) in relation to a child of or above the age of 16 years unless the child consents to the agreement or extension.

        (4)         If a child under the age of 16 years appears to have a sufficient understanding of the consequences of a custody agreement, the child must be consulted before such an agreement can be entered into (or extended) by his or her guardians.

        (5)         A custody agreement—

            (a)         must be in writing; and

            (b)         may be terminated at any time—

                  (i)         by a guardian who is a party to the agreement, by notice in writing to the Minister; or

                  (ii)         by agreement between the parties to the agreement; and

            (c)         will be taken to have been terminated on any order being made under this Act or any other Act or law for the guardianship or custody of the child.

        (6)         If a custody agreement relates to a child of or above the age of 16 years, the Minister must terminate the agreement on the request of the child, but not until he or she is satisfied that proper arrangements exist for the care of the child.

        (7)         Unless the agreement is terminated under subsection (5) or (6), a custody agreement—

            (a)         has effect for a period, not exceeding three months, specified in the agreement; and

            (b)         may, on its expiration, be extended by the parties to the agreement in accordance with this section, but not so that the agreement will operate for a total period of more than six months.