Children, Young Persons, and Their Families Act 1989

Custody of child or young person pending determination of proceedings

  • Heading: replaced, on 8 January 1995, by section 10 of the Children, Young Persons, and Their Families Amendment Act 1994 (1994 No 121).

78 Custody of child or young person pending determination of proceedings
  • (1) In any proceedings in a court under Part 2 in relation to a child or young person, the court may, on the application of any party to the proceedings, or a barrister or solicitor representing the child or young person, or of its own motion, make an order relating to the custody of the child or young person pending the determination of the proceedings.

    (2) Without limiting the generality of subsection (1), the court may make an order under that subsection in relation to a child or young person in the following cases:

    • (b) where the court is satisfied that the child or young person is in need of care or protection for the period of the order:

    • (c) in the case of an application for a declaration under section 67 on the ground specified in section 14(1)(e), where—

      • (i) it is not possible to make suitable alternative arrangements for the custody of the child pending the determination of the application; or

      • (ii) it is in the public interest that the child be held in custody pending the determination of the application:

    • (d) where the court has made a declaration under section 67 and has adjourned the proceedings pending their disposition:

    • (e) where an application for a variation or discharge of any order (or the variation or discharge of any condition of any order) is made to the court under section 125, at any time before such application is finally disposed of:

    • (f) where a report is furnished to the court pursuant to section 135, at any time before the court has completed its consideration of the report and accompanying revised plan under section 137.

    (3) An order under subsection (1) may be made on such terms and conditions as the court thinks fit.

    Section 78: replaced, on 8 January 1995, by section 10 of the Children, Young Persons, and Their Families Amendment Act 1994 (1994 No 121).

    Section 78(2)(a): amended, on 1 October 1999, by section 13 of the Department of Child, Youth and Family Services Act 1999 (1999 No 82).