South Australian Current Acts South Australian Current Acts (1) The parents or
guardians of a child who is less than 18 years of age who are considering
having the child adopted and the Chief Executive may enter into an agreement
(a
"custody agreement") under which the Chief Executive has custody of the child
during the period of the agreement.
(2) Despite
subsection (1)—
(a) if
the whereabouts of a parent or guardian of a child cannot, after reasonable
enquiries, be ascertained; or
(b) if a
parent or guardian of a child has failed to respond within a reasonable period
of time to a request that the parent or guardian enter into a
custody agreement; or
(c) if
it is not, in all the circumstances of the case, reasonably practicable to
request a particular parent or guardian of a child to enter into a
custody agreement,
the remaining parent or guardian, or parents or guardians, may enter into a
custody agreement in respect of the child.
(3) The child may also
be a party to a custody agreement if the Chief Executive considers it
appropriate, having regard to the child's age and ability to understand the
consequences of a custody agreement.
(a) must
be in writing; and
(b) may
be terminated at any time—
(i)
by a child, parent or guardian who is a party to the
agreement, by notice in writing to the Chief Executive; or
(ii)
by agreement between the parties to the agreement; and
(c) will
be taken to have been terminated on—
(i)
the Chief Executive becoming the guardian of the child
under section 25; or
(ii)
an adoption order being made in relation to the child; or
(iii)
an order being made under any other Act or law for the
guardianship or custody of the child.
(5) Unless the
agreement is terminated under subsection (4), a custody agreement—
(a) has
effect for a period, not exceeding 6 months, specified in the agreement; and
(b) may,
on its expiration, be extended by the parties to the agreement in accordance
with this section, but not so that the agreement will operate for a total
period of more than 1 year.