262Interim accommodation order

262 Interim accommodation order (1) The Court may make an interim accommodation order in respect of a child if— S. 262(1)(a) amended by No. 52/2013 s. 33(a). (a) the child has been placed in emergency care by a protective intervener under this Chapter; or S. 262(1)(b) amended by No. 26/2023 s. 43. (b) a protection application is filed in the Court; or S. 262(1)(c) amended by No. 52/2013 s. 33(b). (c) a child has been placed in emergency care under section 247; or S. 262(1)(d) amended by No. 26/2023 s. 43. (d) an irreconcilable difference application is filed in the Court; or (e) an application for conciliation counselling is lodged with the Secretary under section 260; or (f) the hearing by the Court of a proceeding in the Family Division (including a proceeding under this section) is adjourned; or (g) an application for an extension or further extension of the period of an interim accommodation order has been made to the Court under section 267; or (h) an interim accommodation order or any condition attached to an interim accommodation order has not been complied with; or (i) an application for a new interim accommodation order has been made to the Court under section 270(1); or S. 262(1)(j) amended by No. 52/2013 s. 33(c). (j) the child is placed in emergency care on a warrant issued under this Chapter; or (k) an appeal has been instituted under Part 4.11 to the Supreme Court or the County Court against an order made by the Children's Court under this Chapter; or (l) a question of law has been reserved by the Family Division under section 533 for the opinion of the Supreme Court. (2) An application for an interim accommodation order may be made— (a) by the child or a parent of the child; or (b) by a protective intervener. (3) The Supreme Court or the County Court may also make an interim accommodation order in respect of a child if the hearing by it of an appeal against an order made by the Children's Court under this Chapter is adjourned. (4) Without limiting any other power to make an interim accommodation order that is expressly conferred on a bail justice by this Division, a bail justice may also make an interim accommodation order in respect of a child in the circumstances referred to in subsection (1)(a), (c), (h), (i) and (j). (5) If a bail justice makes an interim accommodation order— (a) he or she must cause a written copy of the order to be given to every party to the application for the order at the time the order is made; and S. 262(5)(b) amended by No. 26/2023 s. 43. (b) the protective intervener or, if there is no protective intervener involved, the bail justice must cause a copy of the order to be filed in the Court as soon as possible. S. 262(5A) inserted by No. 61/2014 s. 13(1). (5A) Despite anything to the contrary in this section, an interim accommodation order must not be made in respect of a child if the Court is satisfied that— (a) a protection order could be made in respect of the child under Part 4.9; or (b) a permanent care order could be made in respect of the child under section 319. S. 262(6) amended by No. 61/2014 s. 13(2). (6) Despite anything to the contrary in this section, an interim accommodation order must not be made in respect of a child in relation to whom a family reunification order, a care by Secretary order or a long-term care order is in force. S. 262(7) amended by No. 61/2014 s. 13(3). (7) Despite anything to the contrary in this Chapter, if an interim accommodation order is made as a result of a breach of a family preservation order, that family preservation order is suspended on the making of the interim accommodation order and remains suspended for the period of operation of the interim accommodation order but the period of the family preservation order is not extended by the suspension.