270Application for new interim accommodation order

270 Application for new interim accommodation order

(1) If an interim accommodation order is in force in respect of a child, the child or a parent of the child may apply to the Court for a new interim accommodation order if—

(a) the applicant was not legally represented at the hearing of the application for the order; or

(b) new facts or circumstances have arisen since the making of the order.

(2) If the Court makes an interim accommodation order in respect of a child, a protective intervener (whether or not the order is still in force) may apply to the Court for a new interim accommodation order if—

(a) new facts or circumstances have arisen since the making of the order; or

(b) the protective intervener is satisfied on reasonable grounds that the child is living in conditions which are unsatisfactory in terms of the safety and wellbeing of the child.

S. 270(3) substituted by No. 52/2013 s. 37(1).

(3) On an application under subsection (2) by a protective intervener, he or she may serve—

(a) unless paragraph (b) applies, a notice stating that an application for a new interim accommodation order will be made to the Court on a day and at a time specified in the notice; or

(4) A notice under subsection (3) must be served on—

a reasonable time before the commencement of the hearing under this section.

S. 270(5) amended by No. 52/2013 s. 37(2)(a).

(5) If a notice under subsection (3) is served in accordance with subsection (4) and the child does not appear before the Court, in the case of a notice under subsection (3)(a), if ordered to do so by the Court or, in the case of a notice under subsection (3)(b), at the time stated in the notice—

S. 270(5)(a) amended by No. 52/2013 s. 37(2)(b).

S. 270(5)(b) amended by No. 52/2013 s. 37(2)(c).

(b) the Court may issue a search warrant for the purpose of having the child placed in emergency care, if the Court is satisfied that the order or notice has come to the attention of the child's parent or other person with whom the child is living or, if the child is of or above the age of 12 years, the child and, if practicable, the child's parent or other person with whom the child is living.

(6) If on an application under subsection (2) by a protective intervener in the circumstances set out in subsection (2)(b), the protective intervener is satisfied that there is good reason not to proceed as specified in subsection (3) or that service of a notice under subsection (3) cannot be carried out, he or she may—

S. 270(6)(a) amended by No. 52/2013 s. 37(3).

(a) without a warrant, place the child in emergency care; or