Section 60 Child’s Right Act
Section 60 Child’s Right Act 2003 is about Interim orders. It is under Part VI (Care and Supervision) of the Act.
(1) Where‐
(a) in any proceeding on an application for a care or supervision order, the proceeding is adjourned; or
(b) the Court gives a direction under section 59 (1) of this Act, the Court may make an interim care order ,or an interim supervision order with respect to the child concerned.
(2) The Court shall not make an interim care order or interim supervision order under this section unless it is satisfied that there are reasonable grounds for believing that the circumstances with respect to the child are as mentioned in Section 53 (2) of this Act.
(3) Where, in any proceeding on an application for a care order or supervision order, the Court makes a residence order with respect to the child concerned, it shall also make an interim supervision order with respect to the child unless it is satisfied that the welfare of the child will be satisfactorily safeguard without an interim supervision order being made.
(4) An interim order made under or by virtue of this section shall have effect for such period as may be specified in the order, but shall cease to have effect on whichever of the following events first occurs‐
(a) the expiry of the period of ten weeks beginning with the date on which the order is made;
(b) if the order is the second or is subsequent to an order made with respect to the same child in the same proceedings, the expiry of the relevant period;
(c) in a case which falls within subsection (1) (a) of this section, the disposal of an application;
(d) in a case which falls within subsection (1) (b) of this section, the disposal of an application for a care order or supervision order made by the appropriate authority with respect to the child;
(e) in a case which falls within subsection (1) (b) of this section and in which the court has given a direction under section 62 (1) of this Act, but no application for a care order or supervision order has been made with respect to the child, the expiry of the period fixed by that direction.
(5) Where the Court makes an interim care order or interim supervision order, it may give such
directions, if any, as it considers appropriate with regard to the medical examination, including
psychiatric examination, or other assessment of the child, but if the child has sufficient understanding to
make an informal decision he may refuse to submit to the examination or other assessment.
(6) A direction under subsection (5) of this section may provide that there shall be‐
(a) no examination or assessment; or
(b) no examination or assessment unless the Court directs otherwise.
(7) A direction under subsection (5) of this section may be‐
(a) given when the interim care order or interim supervision order is made or at any time while it is in force; and
(b) varied at any time on the application of any person falling within any class of persons prescribed by Rules or Court for the purposes or this subsection.
(8) Where the Court makes an order under or by virtue of this section it shall, in determining the period for which the order is to be in force, consider whether any party who was, or might have been opposed to the making of the order was in a position to argue his case against the order in full.
(9) The provisions set out in paragraphs 4 and 5 of the Second Schedule to this Act shall not apply in relation to an interim supervision order.
