The effect of an adoption order made by a An independent body that hears legal claims brought by parties and decides between them. Serious cases are heard by a judge and jury, or just a judge. Less-serious cases are heard by a magistrate. under the Adoption A written law made by parliament. Also called an ‘Act of parliament’, ‘statute’ or legislation. is that the adopted child shall be treated in law as a child of the adoptive parent(s). Also, the adoptive parent(s) shall be treated in law as the parent(s) of the child, as if the child had been born to them.
In Victoria, while the Supreme Court has The authority of a court or tribunal to hear matters brought before it, based on some factor such as area or law, amount of money claimed, or geographic area. to make adoption orders (s 6 Adoption Act), most adoption hearings are heard in the County Court.
Conditional adoption orders
If all parties agree, an adoption order may be made that allows the child’s birth parents and relatives to be provided with information about the child and/or have access to the child. These conditions may be revoked or varied by the court (ss 59, 59A, 60 Adoption Act). At a later date, access and information exchange conditions may be added if there is agreement between the birth parent(s) and the adoptive parents, and the court is satisfied that it is in the child’s best interests. The court can consider the child’s wishes, depending on their age and understanding (s 60).
Permanent care orders
In practice, most of the children placed with carers by Adoption Victoria or an approved agency have their placement legalised by a A court order that a child live with someone who is not a parent of the child but now has long-term care and responsibility for the child., rather than an adoption order. The permanent care orders in the Children, Youth and Families Act 2005 (Vic) (‘CYF Act’) recognise these arrangements.
Many of the children who need care outside their birth family have special needs (e.g. intellectual or physical disabilities or emotional difficulties) or they have experienced abuse or neglect and cannot safely remain in the long-term care of their birth families. These children are likely to be placed in a permanent care placement, rather than adoptive placement.
The Family Law Act 1975 (Cth) (‘FL Act’) provides for the granting of parenting orders. Parenting orders can give people the duties, powers, responsibilities and authority that a parent has at law, but they cannot change the legal status of a child’s carer to that of a parent.
Victoria has given power to the Commonwealth Government to make orders in relation to Out of marriage; illegitimate. Used to describe a child born of the couple. children. This, and the FL Act, allows people other than a child’s parents to apply for parenting orders from the Family Court or Federal Circuit Court if they are concerned with the care, welfare and development of a child.
These orders are usually made with the involvement of the child’s natural parents. Such orders from the Family Court may take into account of the wishes of the child and may include provision for the child to spend time/communicate with their legal parents or other people.
The court may require the parties to attend counselling and may require the parties to obtain an expert report to ensure that any arrangements proposed for the care of a child are in the child’s best interests.