Post by flossyinoz on Sept 26, 2008 15:20:27 GMT 10
Coming from another thread I thought I open up a thread on the topic above as children to be placed for pc may come with either a custody or guardianship order to the secretary.
Custody is the short term care and welfare of a child, whereas guardianship the longterm welfare. So a child in custody (short term every day care) may well be under the guardianship of someone else, the parents, DHS etc.
www.childrenscourt.vic.gov.au/CA256CA800017845/page/Family+Division-Court+Orders?OpenDocument&1=20-Family+Division~&2=40-Court+Orders~&3=~
Protection Orders
Types of Protection Orders
Upon finding that a child is in need of protection, the Court may make any one of the following protection orders:
a custody to third party order
A custody to third party order gives custody of a child to a third party other than the Department of Human Services, a community service organisation, or the parent/s of the child for a specified period.
a supervised custody order
This order is the same as a custody to third party order except that the Department of Human Services has responsibility for the supervision of the child.
a custody to Secretary order
This order gives sole custody of the child to the Department of Human Services (the Secretary being the chief executive officer of the Department) but does not affect the guardianship of the child.
a guardianship to Secretary order
This order grants custody and guardianship of a child to the Department of Human Services (the Secretary being the chief executive officer of the Department) to the exclusion of all others. The order may be made for a period of up to two years.
a long-term guardianship to Secretary order
This order grants custody and guardianship of a child to the Department of Human Services (the Secretary being the chief executive officer of the Department) to the exclusion of all others. This order may be made in respect of a child who is of or over the age of 12 years. The order may remain in force until the child turns 18 or marries.
Permanent Care Orders
A permanent care order grants exclusive custody and guardianship of a child to a suitable person other than the child's parent. The order may continue in force up until the child's 18th birthday.
The Court may make a permanent care order in respect of a child if the child's parent has not had care of the child for at least six months of the last 12 months, and it is satisfied that:
the parent is unable or unwilling to resume custody and guardianship of the child, or
it would not be in the best interests of the child for the parent to resume custody, and that
the person to assume custody and guardianship of the child is a suitable person.
Depending on the circumstances of the case, appeals from decisions in Family Division cases are heard by either the County Court or the Supreme Court.
Children's Court of Victoria, Australia
Full text of order in the url above.
Custody is the short term care and welfare of a child, whereas guardianship the longterm welfare. So a child in custody (short term every day care) may well be under the guardianship of someone else, the parents, DHS etc.
www.childrenscourt.vic.gov.au/CA256CA800017845/page/Family+Division-Court+Orders?OpenDocument&1=20-Family+Division~&2=40-Court+Orders~&3=~
Protection Orders
Types of Protection Orders
Upon finding that a child is in need of protection, the Court may make any one of the following protection orders:
a custody to third party order
A custody to third party order gives custody of a child to a third party other than the Department of Human Services, a community service organisation, or the parent/s of the child for a specified period.
a supervised custody order
This order is the same as a custody to third party order except that the Department of Human Services has responsibility for the supervision of the child.
a custody to Secretary order
This order gives sole custody of the child to the Department of Human Services (the Secretary being the chief executive officer of the Department) but does not affect the guardianship of the child.
a guardianship to Secretary order
This order grants custody and guardianship of a child to the Department of Human Services (the Secretary being the chief executive officer of the Department) to the exclusion of all others. The order may be made for a period of up to two years.
a long-term guardianship to Secretary order
This order grants custody and guardianship of a child to the Department of Human Services (the Secretary being the chief executive officer of the Department) to the exclusion of all others. This order may be made in respect of a child who is of or over the age of 12 years. The order may remain in force until the child turns 18 or marries.
Permanent Care Orders
A permanent care order grants exclusive custody and guardianship of a child to a suitable person other than the child's parent. The order may continue in force up until the child's 18th birthday.
The Court may make a permanent care order in respect of a child if the child's parent has not had care of the child for at least six months of the last 12 months, and it is satisfied that:
the parent is unable or unwilling to resume custody and guardianship of the child, or
it would not be in the best interests of the child for the parent to resume custody, and that
the person to assume custody and guardianship of the child is a suitable person.
Depending on the circumstances of the case, appeals from decisions in Family Division cases are heard by either the County Court or the Supreme Court.
Children's Court of Victoria, Australia
Full text of order in the url above.