Children

Front 1

Definition of marriage

Back 1

Hyde v Hyde And Woodmansee
Lord Penzance; "I conceive that marriage, as understood by Christendom, may be defined as the voluntary union for life of one man to one woman to the exclusion of all other"

Front 2

2004 amendment

Back 2

- debate about same sex marriage
- Marriage Act 1961 (Cth) subsection 5 (1)
- "the union of the man and a woman to the exclusion of all others, voluntarily entered into for life)

Front 3

Four elements of marriage

Back 3

1. Man and woman
2. To the exclusion of all others
3. Voluntarily entered into
4. For life

Front 4

1. Man and Woman - case

Back 4

Corbett v Corbett, 1971
- respondent was a male until three years prior to marriage
- judge had to decide whether the marriage applicable to an annulment
-found the marriage was void as the respondent want not a woman
- tests that were applied; chromosomal, genitalia, gonadal factors
- tests applicable regardless of any surgical operations

Front 5

Justice Ormods statement regarding Man and Woman case

Back 5

"it is common ground between all medical witness that the biological, sexual constitution of an individual is fixed at birth, and cannot be changed either by the natural development of organs of the opposite sex, or by medical or surgical means."

Front 6

2011 landmark case

Back 6

Re Kevin (Validity of Marriage of Transsexuals)
- applied for declaration of validity of marriage
- husband was originally a woman
- was born female (gonads, genitalia, chromosomes all female)
- identified as a child to adulthood as a man (dressed male, presented himself socially as a man, underwent treatments and surgeries to remove female characteristics and enhance male characteristics. Treated as a man for social and legal purposes - medicare, banks, taxation office
- marriage declared valid
- judge stated that there was no rule that the question as to whether an individual was male or female is to be determined by looking at circumstances at birth.
- "man and woman" by contemporary meaning. Post-operative transsexuals as men or women according to their sexual reassignment.

Front 7

2. To the exclusion of all others

Back 7

- Aus; has to be a monogamous relationship
- Bigamy is an offence under Marriage Act 1961 (Cth) and Criminal Code (QLD)
- Criminal Code; Section 360 covers Bigamy. Any person who marries another during the life of their first partner, or marries another who they know to be married has committed bigamy and is liable for seven years imprisonment.

Front 8

3. Voluntarily entered into

Back 8

- Section 23B of the Marriage Act 1961 (Cth) requires genuine consent from both parties
- a marriage is void when a parties consent is not real because;
a) of duress
b) of fraud
c) mistake of who the party was marrying or the type of ceremony being performed
d) the party is mentally incapable of understanding the nature and effect of the marriage ceremony

Front 9

Duress

Back 9

- use of force or threat of force
- suicide threats can sometimes be held as not grounds enough to declare marriage void.
- forced into arranged marriage (violence), life threats, bankruptcy, imprisonment.

Front 10

Case regarding duress

Back 10

1980 - in the marriage of IS
- arranged marriage at fifteen
- parents stated; "promotes future happiness, all Egyptian marriages are arranged, affects sisters chances of marriage"
- went through with marriage - 16 years old. Marriage failed
- applied for annulment, marriage declared void by reason of applicant being a victim of family loyalty, arranged marriage against her will and consent obtained by duress

Front 11

Fraud

Back 11

- one person inducing another person to marry by telling the other person an untruth.
- the untruth must be so severe that the person, upon relying on the untruth, could not have been truly consenting to the marriage

Front 12

Case regarding fraud

Back 12

1995, Hosking R.G, v Hosking J.H
- Husband = Aus citizen, wife = not
- met, four months later married
- wife insisted husband get a medical examination and then life insurance that made her the beneficiary.
- also insisted the husband redo his will and make her sole beneficiary
- three days after marriage, moved to back to Sydney. Marriage was not consummated
- marriage was held valid
- Judge stressed that a distinction must be made between marriages of convenience and true fraud
- law was not concerned with reasons why people get married
- the court is not entitled to say that any person's reasons for marriage are so 'improper' that the marriage should be declared void.

Front 13

Mistake

Back 13

- mistake must be so serious that the party did not truly consent
- ambiguous ceremonies

Front 14

Mental incapacity

Back 14

- must be suffering from a mental illness such that he or she does not appreciate or understand the real effects of the ceremony
- does not understand the nature or effect of the marriage ceremony and true consent cannot be said to have been given

Front 15

Aus residents can marry if they are;

Back 15

1. of marriageable age;
2. not already married to somebody else;
3. not within a prohibited relationship
4. genuinely consenting

Front 16

Of marriageable age

Back 16

- before 1991, marriageable age was; male = 18, female = 16
- amendment of Marriage Act 1961 (Cth), male and female = 18
- marriage can be granted to persons between 16 - 18 if one of the parties is over 18, and the circumstances are 'so exceptional and unusual'

Front 17

Case relating to of marriageable age

Back 17

Ex Parte Willis (1997)
- girl = 16, left school, pregnant, employed for two years, lived with mother
- boy = 22, full time employment for five years
- made plans to live together, organised marriage
- both parents consented
- marriage was not authorised, did not deem circumstances 'so exceptional and unusual'

Front 18

2. Not already married

Back 18

Bigamy

Front 19

3. Prohibited relationships

Back 19

Section 23(2)(a) and (b) of Marriage Act 1961 (Cth) amended stating;
- prohibited between person and ancestor
- between brother and sister (whole or half)
- adopted children - applies to natural and adoptive parents

Front 20

4. Genuine consent

Back 20

Voluntarily entered into

Front 21

Chapter six - dissolution of marriage

Back 21

- marriage rates decreased due to financial independence, social trend, protected by other legislation (de facto)
- divorce rates increase due to no fault divorce, only one element to be proven

Front 22

Annulments

Back 22

Declaration that a marriage never existed

Front 23

Divorces

Back 23

- not always easily attained

Front 24

Matrimonial Causes Act 1959 (Cth)

Back 24

fault or no fault ruling; had to prove one of the following;
- adultery
- drunkenness
- refusal to consummate
- rape
- imprisonment
- separated

Front 25

Family Law Act 1975 (Cth)

Back 25

- One ground of divorce; irretrievable breakdown of the marriage
- intended to make marriage more accessible to society
- no evidence had to be forwarded of fault of one of the parties.

Front 26

Grounds for divorce in Aus (Act...)

Back 26

Family Law Act 1975, section 48 and 49
- 48 (1) = ground, irretrievable break down of marriage
- 48 (2) = establishment, separated and living apart for a period of not less than 12 months
- 48 (3) = likelihood of resumption of cohabitation (divorce not granted if court thinks it will happen)
- 49 (1) = cohabitation ended by one party, chose to live separately
- 49 (2) = separated under one roof; separated and living apart but residing together. Still warranted.

Front 27

Irretrievable breakdown of the marriage

Back 27

- only ground for divorce (effective 1975)
- separation of no less than 12 months must also be evident
- no reasonable likelihood of cohabitation

Front 28

Lived separately and apart

Back 28

- Parties must be separated for no less than 12 months
- can remain in the same residency, not common, but legal to occur, the 12 months still counts
- easier to establish lived separately and apart if in different residencies

Front 29

Reasonable likelihood of cohabitation

Back 29

- Section 50 FLA
- parties can resume cohabitation for up to 3 months, and for the 12 months to still be regarded as valid
- the 3 months do not count as part of the 12 months
- this is to encourage reconciliation
- counts so long as;
- does not exceed 3 months
- only one attempt at reconciliation

Front 30

No likelihood of cohabitation being resumed

Back 30

- court must be satisfied that no there is no chance of the couple successfully living together
- both parties do not need to want a divorce for it to be granted
- if a marriage is less than 2 years old, couple will require counselling in the ambition of possible reconciliation

Front 31

Application of divorce

Back 31

- can apply the day after 12 months separation is completed
- filled to federal magistrate court

Front 32

Further requirement - Children

Back 32

- court must be satisfied that proper arrangements have been made for the care welfare and development of the children (if any)
- divorces are commonly adjourned if one party seeks to see children after having been prevented by the other party.
- couple must receive counselling, or until the party that expressed the wish to see children has had an opportunity to spend time with children

Front 33

Chapter seven - disputes when marriages breakdown

Back 33

- Family Law Act 1975
- disputes concerning children are settled by family court or mags, jurisdiction from FLA

Front 34

FLA - children

Back 34

Part VII of FLA
- major change was made to VII, provisions of Family Law Amendment (Shared Parental Responsibility) Act 2006
- New system was to ensure;
1. that children spend equal or at least substantial time with both parents (so long as it is in the best interest of the child)
2. that parenting is a responsibility that should be shared. Both parents should consult on major issues concerning the children.

Front 35

Terms

Back 35

Orders typically made now are;
- children live with the mother and the father in the following manner...
- children live with one parent, spend time with other parent at the following times...

Front 36

Objects

Back 36

- objects of new system in Section 60 B (FLA)
- include the idea that children have a right to know both parents, and to spend regular time with both parents
- so as to benefit them in having a meaningful relationship with both parents.
- one change is that the best interests of the child are paramount in determining where a child should live/who they spend time with
- Section 60CC (FLA); considerations that the court should have regarding best interests of the child

Front 37

The presumption

Back 37

- Presumed that it is in the best interest of the child for parents to have equal shared parental responsibility (Section 61DA), excludes violence and abuse
^
-|Major change to the law
- ensures that more time is spent by a child with the parent whom the child does not ordinarily live. Or, when circumstances are not contrary - the child spends equal time with each parent
- sometimes impracticable; day/night shifts of parents

Front 38

Other orders

Back 38

- Parenting orders usually deal with orders relating to separation of time to each parent (whom to live with/time spent with...)
- Any aspect of care, welfare and development or any aspect of parental responsibility can be subjected to orders (eg - no. telephone calls, informing of residential address, doctor/dentist/health care discussed with other parent, upcoming events notified to parent, not denigrating parent in from of child etc...)

Front 39

Requirements for counselling

Back 39

- courts are regarded as a last resort to solve children's issues
- parents encouraged to reach their own agreements
- before application to court, parties are required to attend a Family Dispute Centre
- certificate is required to from Family Dispute Centre before court proceedings can commence, unless circumstances deem otherwise
- family violence = no certificate required

Front 40

How a court determines what is in the best interests of a child

Back 40

- Many factors in a child's life that are important when the court is deciding where the child should live.
- factors have to be considered when the court is determining the best interests of the child

Front 41

Wishes of children

Back 41

Section 60CC FLA; considerations
- Child cannot be compelled to say which parent they wish to live with
- court must take into consideration if a view is expressed by the child
- two ways court find out the wishes of the child;
1. family report from social worker/counsellor
- interviews child with each parent
- speaks to child individually
- observes child reaction to each parent
- takes into account wishes of the child
- reaches conclusion about best interest of child
- prepares report
2. Independent child lawyer

- court will attach whatever importance to the wishes of the child they deem necessary
- normally, older child = heavier weighted

Front 42

Case regarding wishes of children

Back 42

R and R; Children's wishes, 2000
- 12 & 10, boys
- both parents wanted children to live with them
- After separation, children lived with mother
- two years after separation, flexible arrangements for contact to father (made daily visits)
- husband moved for two years, for work
- child upset; contact less frequent, telephone calls
- visited father, distressed when leaving him
- father returned home (Aus)
- children expressed wishes to live with father
- report concerned; whether father had real commitment to promoting contact between children and mother
- judge concerned; father's open disregard for mother's view point, lack of respect towards mother, limited insight into effect of his conduct which did not promote contact with mother
- living in Aus, more available for contact

uncommon for court to place a child over 14 with parent other than whom they wished to live
important for children to remain with siblings, benefit of growing up with brother's and sister's

Front 43

Abuse - family violence

Back 43

Section 60CC FLA
- best interests of the child, whether there has been family violence involving child or child's family
- parent violent toward child = little time spent with them
- if court believes there is possible harm of violence to child from parent = parent see child under supervision (trustworthy relative, contact centre)
- Family violence between parents = child usually aware of violence. Court attempts to make orders which cannot be seen as rewarding the violent spouse, especially to the child.

Front 44

Relocation cases

Back 44

- Aus = migration, relocation in Aus/overseas
- Whether it is in the best interest of the child to relocate with parent
- relocation = disruption, change in schools, peer group, less ability to have a meaningful relationship with other parent
- court balances interest of the child with parents freedom of movement
- overriding principle is best interest of the child
- relocation decided under S60CC FLA

Front 45

Case - relocation

Back 45

W and R (2006)
- Mother, Maori. Father, European
- Three children; 11, 8, 5
- after separation, children lived with mother, father saw child every week from Wednesday to Thursday. Other contact was also arranged
- children = established friendships, school, family relationships, attached to both parents
- Mother wanted to relocate to NZ, her entire family lived there
- Father had secure job/relationship
- Mother stated visits were allowed, children were allowed to return to Aus
- relocation was not allowed;
1. Physical contact would be expensive
2. Father only had four weeks annual leave
3. Relocation would weaken relationship with father
4. Father had active relationship with children, held influence
5. Family report recommended against it

Front 46

Child Abduction

Back 46

Hague convention; some countries have signed a treaty to return children if taken overseas

Front 47

Disputes concerning property in court

Back 47

dividing property;
1. agreement
2. consent orders
3. financial agreements
4. by having the court decide

Front 48

Agreement

Back 48

- Parties can agree to resolve division between themselves

Front 49

Consent orders

Back 49

- if parties agree on division of property, orders can be made to the court

Front 50

Financial Agreements

Back 50

- written agreements between both parties to resolve division of property
- For Financial agreement to be binding;
1. must be in writing
2. signed by both parties
3. between parties contemplating marriage, married, separated
4. include statement
- advantage of FA = between husband and wife without court intervention
- can be made before marriage = gives certainty to how assets will be distributed in the event marriage fails
- Disadvantage = no place to be registered. If the copy is lost, unlikely agreement will be enforced. One party could have a greater bargaining power.
- court look at fairness of the agreement
agreements can be set aside;
- the agreement was attained by fraud
- impracticable to be carried out
- material change to circumstances - care, welfare and development of the child = child will face hardship if the agreement is not set aside
- party engaged in unconscionable conduct
- people do not anticipate that the marriage will fail, therefore financial agreements prior to marriage are some what ambiguous as they do not consider all possibilities (e.g., children, death, unemployment, serious injury...)

Front 51

By having the court decide

Back 51

- if parties cannot agree, the parties can apply to the courts to seek an order for division of property
- up to 12 months after divorce, or during separation
- in considering how to divide property, court engages following steps;
1. determining pool of assets
2. considering the contribution of the parties
3. considering the future needs of the parties
4. considering whether the proposed order is just and equitable

Front 52

Determine the pool of assets

Back 52

- identifying and valuing assets then deducting liabilities
- complications can arise because of human behaviour;
1. adding back money spent after separation. If either party went on a deliberate gambling spree, the amount can be added back into the pool of assets
2. deciding when assets should be valued.
3. failing to disclose assets - criminal offence to withhold assets from courts. Agreements are set aside if the assets are hidden from the other party.

Front 53

Superannuation

Back 53

- interest in money set aside by workers, able to be used after retirement
- 2002 - courts make splitting orders = divide the superannuation and give some to the other party

Front 54

Considering the contributions of the parties

Back 54

- Section 79 (a) FLA = contributions made by either parties
1. Financial contribution
2. Non-financial contribution
3. Welfare of the family contribution
4. Effect on the earning capacity of the parties
5. Relevant legislation in 75(2)
6. Any orders that affect the party or child
- 1000+ Contributions made by each party
- Only logical solution is to see if there is any marked difference in contribution, the longer the marriage - the more equal the contributions are.

Front 55

Considering the future needs of the parties

Back 55

Section 75 (2) (considerations to the future needs of parties)
I. The age and state of health
II. Whether either party has the care or control of a child of the marriage who has not attained the age of 18 years
III. The income, property and financial resources of each of the parties and the physical and mental capacity of each of them for appropriate and gainful employment
IV. Commitments of each of the parties that are necessary to enable the party to support a child or another person that the party has a duty to maintain
V. If either party is cohabiting with another person - the financial circumstances relating to the cohabitation

Front 56

Just and equitable; case

Back 56

Ball & Snibson (2006) FMCAfam 455
Facts:
- Together for 8 years
- Two children, nine and seven
- One child with mother, other with father
- Total assets; a lot
- Husband earned more, wife part time
- Wife received 55% of non-superannuation, 50% of superannuation
○ Wife's initial contribution was greater
○ Both made non-financial contributions
○ Contributions to welfare of family
- Future needs
○ Lower income
○ Equal time with children
○ Bad health

Front 57

Child support

Back 57

The current formula:
• bases the costs of children on Australian research.
○ The research shows that as income rises, spending on children rises in dollar terms, but falls as a percentage of income, and that expenditure on children rises with age.
• uses an 'income shares' approach to calculate and share the costs of children.
○ This means the cost of children is based on the parents' combined incomes, the cost is distributed between the parents by their capacity to pay and the cost of regular or shared care by the non-resident parent is considered.
• allows both parents the same self-support amount.
○ The self-support amount for 2010 is $19,618. This amount is indexed annually.
• takes the cost of the children from the combined incomes of both parents.
• recognises costs of contact as a contribution to the costs of children.
• treats the children of first and second families as equally as possible by using the cost of the children from the second family in determining the child support payable (rather than a flat increase to the self-support amount).

Front 58

De facto couples;

Back 58

If the couple separated before 1 March 2009 when these changes took place, the division of property would be dealt with under the Property Law Act 1974 (Qld) and they would be unable to seek spouse maintenance or include superannuation as part of the property division.
If the couple wishes to seek a property settlement through the court, it must be filed in court within two years of the end of the relationship.

Front 59

What is a de facto couple

Back 59

· The relationship of a couple living together on a genuine domestic basis
· Includes same gender couples

Front 60

Legislation

Back 60

Section 4AA Family Law Act 1975
(1) A person is in a de facto relationship with another person if:
(a) the persons are not legally married to each other; and
(b) the persons are not related by family; and
(c) having regard to all the circumstances of their relationship, they have a relationship as a couple living together on a genuine domestic basis.
(2) Those circumstances may include any or all of the following:
(a) The duration of the relationship;
(b) The nature and extent of their common residence;
(c) Whether a sexual relationship exists;
(d) The degree of financial dependence or interdependence, and any arrangements for financial support, between them;
(e) The ownership, use and acquisition of their property;
(f) The degree of mutual commitment to a shared life;
(g) Whether the relationship is or was registered under a prescribed law of a State or Territory as a prescribed kind of relationship;
(h) The care and support of children;
(i) The reputation and public aspects of the relationship.
(3) No particular finding in relation to any circumstance is to be regarded as necessary in deciding whether the persons have a de facto relationship.
(4) A court determining whether a de facto relationship exists is entitled to have regard to such matters, and to attach such weight to any matter, as may seem appropriate to the court in the circumstances of the case.
(5) For the purposes of this Act:
(a) A de facto relationship can exist between 2 persons of different sexes and between 2 person of the same sex; and
(b) A de facto relationship can exist even if one of the parties is legally married to someone else or in another de facto relationship.

Front 61

Chapter 8 - Families and Children

Back 61

The care of children;
1. duty of care to children
2. child abuse

Front 62

Duty of care to children

Back 62

1. Duty to care for children
- In Aus., recognised by law that parents have the prime responsibility for care, welfare and upbringing of their child
- People who have the care of the child other than the parents are faced with the same responsibility
- Parents and others who care for the child have a discretion about how to carry out responsibilities
- In place of a parent = loco parentis
- Courts are only inclined to intervene when the child is not being provided for all that is necessary for him, or is not being protected from dangerous situations
- Always been duty imposed by common law that any person who is in charge of another who is unable, by reason of age, to provide for himself, the necessities of life.
- 1997 Criminal code, section 286 - extended the duty of a person who has the care of a child under 16, not only provide necessaries of life, but to take precautions to avoid danger to the child and if the child is facing danger to remove the child from such danger
- SECTION 286 CRIMINAL CODE
○ 286
(1) It is the duty of every person who has care of a child under 16 years to-
i. Provide the necessaries of life for the child; and
ii. Take the precautions that are reasonable in all the circumstances to avoid danger to the child's life, health or safety; and
iii. Take the action that is reasonable in all the circumstances to remove the child from any such danger;
§ And he or she is held to have caused any consequences that result to the life and health of the child because of any omission to perform that duty, whether the child is helpless or not

(2) In this section - "person who has care of a child' includes a parent, foster parent, step parent, guardian or other adult in charge of the child, whether or not the person has lawful custody of the child

- Provision of necessaries includes the provisions of adequate food, clothing, lodging and care and medical treatment
○ Medical treatment has been an area of concern - blood transfusions and the granting of permission for operations
§ Religious groups forbidding transfusions - people dying because of
§ Failure of a person to allow the child a blood transfusion may result in the prosecution of the person under section 286 of the Criminal Code
- The other sections of the Criminal code (created to protect all people) also protect children
○ Ordinary assaults, sexual assaults, sexual offences
○ New laws have increased the punishments if the acts are against children
- Recent debates about whether or not loco parentis should be allowed to disciple a child
- The Queensland Parliament has made it clear that is it lawful to disciple a child

- SECTION 280 CRIMINAL CODE Domestic Discipline
○ It is lawful for a person or a person in place of a parent, or a schoolmaster or master, to use, by way of correction, disciple, management, or control towards a child or pupil under the person's care such as force as is reasonable under the circumstances.
- 1997 amendment allows a person to use force by way of;
○ Correction
○ Discipline
○ Management
○ Control - towards a child
- Cannot amount to child abuse

Front 63

Child abuse - what is child abuse?

Back 63

- Abuse can be many forms, apart from physical abuse(child suffers too much force), there are more subtle forms of abuse
- Extremely important to protect children from harm arising from different forms of abuse.
- Child Protection Act 1999 (QLD) (CPA), section 9
1. 'Harm,' to a child, is any detrimental effect of a significant nature on the child's physical, psychological or emotional well being
2. It is immaterial how the harm is caused
3. Harm can be caused by;
a. Physical, psychological or emotional abuse or neglect
b. Sexual abuse or exploitation

Front 64

How are children protected from child abuse?

Back 64

How are children protected from child abuse?
- Two agencies in QLD that are directly responsible for the protection of children
• Department of child safety
• The police
- Any individual can contact the Department (of child safety) or the police if they believe that a child needs help.
• Easily available (in phone book/website etc)
- Once the call has been made, can be treated by the Department as a notification of child abuse
• Not all calls will necessarily be treated as notifications
• Certain criteria must be met before the call is treated as a notification
- The department officer considers whether there is significant harm or risk of significant harm
- Once a notification has been received, the Department has it's own investigation procedure
• Speaking to the parents of the child
• Speaking to the child
• Sending the child for medical examination
- The Department will not ordinarily get involved if the report of abuse does not involve the child's family.
• The police will become involved if an offence has been committed
- Doctors have an obligation to inform the Department/police if they suspect child abuse
- Cases are often referred to as a SCAN (Suspected Child Abuse and Neglect) team.
• Part of the child protection system
• Established to co-ordinate the activities of the Department, the Police service and doctors
• SCAN teams developed because pooling information should ensure if a child is suffering from abuse, it is more likely to be detected and helped.
• SCAN have no legislative basis and is made up of representatives from the Department, Department of Education, Queensland Health and the Police Service.
• The SCAN team meets regularly to discuss new cases and review ongoing cases
- After investigation by the Department of SCAN, if a conclusion is reached that a child has been harmed or the risk of harm is of such a severe nature that the Department considers that the child cannot be protected in the family unit, the Department can apply for an assessment order or a protection order.

Front 65

Child Protection Act 1999 (QLD) (CPA)

Back 65

1. The Child Protection Act 1999 (QLD) (CPA)
- CPA was passes specifically in QLD to protect child in the state
- The guiding principles for those who administer the Act are in section 5

Child Protection Act 1999 (QLD) (CPA)
Administration of Act, section 5; this act is to be administered in accordance with the following guiding principles;
a) Every child has a right to protection from harm;
b) The welfare and best interests of a child are paramount;
c) Families have the primary responsibility for the upbringing, protection and development of their children;
d) The preferred way of ensuring a child's wellbeing is through the support of the child's family;
e) Power conferred under this act should be exercised in a way that is open, fair and respects the rights of people affected by their exercise, and, in particular, in a way that ensures -
1. Actions taken, while in the best interests of the child, maintain family relationships and are supportive or individual rights and ethnic, religious and cultural identity or values; and
2. The views of the child are the child's family are considered.

Front 66

According to Act...

Back 66

According to the act, a child is in need of protection if he is;
- suffering harm
- is at unacceptable risk of suffering harm;
- does not have a parent willing and able to protect the child from harm
Includes situation where the child is at risk;
- from parents
- from others inside the house of residency
- others outside of home
- from themselves.

Front 67

CPA major provisions

Back 67

1. Protection of the person reporting harm to the child
2. prohibition of identifying the child and other parties
3. types of orders that can be made

Front 68

1. protection of the person reporting the harm to the child

Back 68

Section 22 of CPA protects the notifier

Front 69

Prohibition of identifying the child and other parties

Back 69

media cannot identify the child, nor any families details, nor the person who inflicts the harm's identity

Front 70

Types of orders that can be made

Back 70

1. temporary assessment order
2. court assessment order
3. child protection order

Front 71

Temporary assessment order

Back 71

- Mags = for short period of time to enable investigation to assess whether child is in need of protection
- at least one parent must consent
- only three days

Front 72

Court assessment order

Back 72

- Children's court =
- if court is satisfied that an investigation is necessary to see whether the child is in need of protection and the investigation cannot be properly carried out unless the order is made - can make an order
- order = can be made in the same terms as a temporary order, but unlike temporary order, can be for a longer period of time - but not exceeding four weeks. This period can be extended once, for a period not exceeding another four weeks

Front 73

Child Protection Order

Back 73

- made after assessed whether child needs protection or not
- may make this order if court is satisfied that child needs protection, and if the order is appropriate for child's protection.
Order may;
1. direct parent to do or not do something directly relating to child's protection;
2. direct a parent not to have contact with the child;
3. grant short term custody to the Department or to another person suitable of the family
4. grant long term custody to Department, or to another person suitable of the family
- if the court grant long term guardianship, order will continue under the child is 18
- if the court grant short term guardianship, order will last two years
- before long term order is made, a family meeting must be held and if the order is contested a conference is held between the parties with a view to try to reach an agreement
- the child's wishes also must be taken into account by the court
- the order cannot be made unless the court is satisfied that;
1. there is no parent able and willing to protect the child within the foreseeable future
2. the child's needs for emotional security will be best met in the long term by making the order