Part 9Voluntary custody agreements

Part 9—Voluntary custody agreements 102—Voluntary custody agreements (1) Subject to this section, the parents or guardians of a child or young person and the Chief Executive may enter into an agreement (a voluntary custody agreement) under which the Chief Executive will have custody of the child or young person while the agreement has effect. (2) If— (a) the whereabouts of a particular parent or guardian of a child or young person cannot, after reasonable enquiries, be ascertained; or (b) a particular parent or guardian of a child or young person has failed to respond within a reasonable period of time to a request that they enter into a voluntary custody agreement; or (c) it is not, in all the circumstances of the case, reasonably practicable to request a particular parent or guardian of a child or young person to enter into a voluntary custody agreement, the remaining parent or guardian of the child or young person (as the case requires) may enter into a voluntary custody agreement in respect of the child or young person. (3) Negotiations for a voluntary custody agreement may be initiated by a parent or guardian of a child or young person, or by a child or young person of or above 16 years of age. (4) A voluntary custody agreement in relation to a child or young person of or above 16 years of age can only be entered into, or extended, with the consent of the child or young person (however, the consent of the child or young person is not required if the child or young person lacks the capacity to consent to such an agreement). (5) If the Chief Executive is satisfied that a child or young person under 16 years of age has a sufficient understanding of the consequences of a voluntary custody agreement, the child or young person must be consulted before a voluntary custody agreement relating to them can be entered into or extended. (6) A voluntary custody agreement— (a) must be in writing; and (b) may be terminated at any time— (i) by a parent or guardian of the child or young person who is a party to the agreement; or (ii) by agreement between the parties to the agreement; and (c) will be taken to have been terminated on any order being made under this Act or any other Act or law placing the child or young person in the custody, or under the guardianship, of a person. (7) A termination of a voluntary custody agreement under subsection (6)(b)(i) must be by notice in writing to the Chief Executive. (8) If a voluntary custody agreement relates to a child or young person of or above 16 years of age, the Chief Executive must, if the Chief Executive is satisfied that proper arrangements exist for the care of the child or young person, terminate the agreement on the request of the child or young person (unless the child or young person lacks the capacity to understand the nature of terminating the agreement, in which case the Chief Executive is not obliged to so terminate the agreement). (9) Unless the agreement is terminated earlier under this section, a voluntary custody agreement— (a) has effect for the period (not exceeding 3 months) specified in the agreement; and (b) may, on its expiration, be extended by the parties to the agreement (but not so that the agreement will operate for a total period of more than 6 months).