(1) A court must not
make an order under this Act (other than an order under Division 7) in
relation to a child who is under the control or in the care (however
described), of a person under a child welfare law unless —
(a) the
order is expressed to come into effect when the child ceases to be under that
control or in that care; or
(b) the
order is made in proceedings relating to the child in respect of the
institution or continuation of which the written consent has been obtained
from a person who, under the relevant child welfare law, has responsibility
for the control or care (however described) of the child.
(2) Nothing in this
Act, and no decree under this Act, affects —
(a) the
jurisdiction of a court (whether of a kind referred to in section 8(a) or (b)
or otherwise), or the power of an authority, under a child welfare law to make
an order, or to take any other action, by which a child is placed under
control or in the care (however described) of a person under a child welfare
law; or
(b) any
such order made or action taken; or
(c) the
operation of a child welfare law in relation to a child.
(3) If it appears to a
court that another court (whether of a kind referred to in section 8(a) or (b)
or otherwise) or an authority proposes to make an order, or to take any other
action, of the kind referred to in subsection (2)(a) in relation to a child,
the first-mentioned court may adjourn any proceedings before it that relate to
the child.
[Heading inserted: No. 35 of 2006 s. 105.]
[Heading inserted: No. 35 of 2006 s. 105.]