49Effect of and limitations on care and protection order or interim care and protection order

### 49 Effect of and limitations on care and protection order or interim care and protection order > > (1)  If a care and protection order or interim care and protection order grants custody of a child to a person – > > > > > > (a) that grant does not affect the guardianship of the child; and > > > > > > > (b) that person has the sole right to the custody of the child. > > > (2)  If a care and protection order or interim care and protection order grants guardianship of a child to a person – > > > > > > (a) that grant is a grant of both custody and guardianship of the child to that person; and > > > > > > > (b) that person is the guardian of the child and his or her estate to the exclusion of all other persons; and > > > > > > > (c) that person has the same rights, powers, duties, obligations and liabilities as a natural parent of the child would have. > > > (3)  If, when considering an application for a care and protection order, the Court finds that a child is at risk because a person other than a guardian with whom the child resides has abused or neglected or threatened the child, or is likely to do so, the Court must not make an order removing the child from the guardianship or custody of the guardians with whom the child resides unless satisfied that – > > > > > > (a) they knew, or ought to have known, of the abuse or neglect or threats; or > > > > > > > (b) once they are informed of the abuse or neglect or threats, they would be unlikely or unable to prevent further abuse or neglect or threats. > > > (4)  [*\[Section 49 Subsection (4) omitted by No. 22 of 2009, s. 14, Applied:01 Aug 2009\]*](/view/html/inforce/2009-08-01/act-2009-022#GS14@Hpa@EN) .  .  .  .  .  .  .  .   > > > (5)  [*\[Section 49 Subsection (5) amended by No. 64 of 2013, s. 23, Applied:28 Feb 2018\]*](/view/html/inforce/2018-02-28/act-2013-064#GS23@Hpb@EN) [*\[Section 49 Subsection (5) amended by No. 64 of 2013, s. 23, Applied:28 Feb 2018\]*](/view/html/inforce/2018-02-28/act-2013-064#GS23@Hpa@EN) [*\[Section 49 Subsection (5) amended by No. 22 of 2009, s. 14, Applied:01 Aug 2009\]*](/view/html/inforce/2009-08-01/act-2009-022#GS14@Hpb@EN) If custody or guardianship, or custody and then guardianship, of a child has been granted to a person under one or more care and protection orders and interim care and protection orders for a continuous period of 2 or more years and an application for another such order or an extension of that order is before the Court, the Court must, in the interests of securing a stable living arrangement for the child and despite [section 42(6)](#GS42@Gs6@EN) , consider making a care and protection order under [section 42(4)(c)](#GS42@Gs4@Hpc@EN) granting guardianship of the child until the child attains 18 years of age.