QLDIn ForceAct
Adoption Act 2009
sec.186Discharge of interim order
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### sec.186 Discharge of interim order
The chief executive may apply to the Childrens Court to discharge an interim order.
The chief executive must serve a copy of the application on the prospective adoptive parents.
The court may discharge an interim order for a child—
on an application under subsection (1) ; or
on an application under section 187 for a final adoption order for the child.
The court may discharge the interim order if satisfied it would be contrary to the child’s wellbeing or best interests to be adopted by the prospective adoptive parents, having regard to the relevant matters.
Also, on an application under section 187 for a final adoption order, the court may discharge the interim order if the court—
is not satisfied of the relevant matters; and
considers the relevant matters are not likely to be satisfied within an appropriate time.
The discharge of an interim order does not affect the chief executive’s guardianship of the child.
In this section—
relevant matters means the matters under section 189 of which the court must be satisfied before it may make a final adoption order.
(sec.186-ssec.1) The chief executive may apply to the Childrens Court to discharge an interim order.
(sec.186-ssec.2) The chief executive must serve a copy of the application on the prospective adoptive parents.
(sec.186-ssec.3) The court may discharge an interim order for a child— on an application under subsection (1) ; or on an application under section 187 for a final adoption order for the child.
(sec.186-ssec.4) The court may discharge the interim order if satisfied it would be contrary to the child’s wellbeing or best interests to be adopted by the prospective adoptive parents, having regard to the relevant matters.
(sec.186-ssec.5) Also, on an application under section 187 for a final adoption order, the court may discharge the interim order if the court— is not satisfied of the relevant matters; and considers the relevant matters are not likely to be satisfied within an appropriate time.
(sec.186-ssec.6) The discharge of an interim order does not affect the chief executive’s guardianship of the child.
(sec.186-ssec.7) In this section— relevant matters means the matters under section 189 of which the court must be satisfied before it may make a final adoption order.
- (a) on an application under subsection (1) ; or
- (b) on an application under section 187 for a final adoption order for the child.
- (a) is not satisfied of the relevant matters; and
- (b) considers the relevant matters are not likely to be satisfied within an appropriate time.