No appeal lies as of right to the Court of Appeal from the Childrens Court constituted by a judge sitting as the appellate court under the Child Protection Act 1999 (Qld). Leave to appeal will be refused where the applicant does not challenge the substantive orders and seeks only a declaration that would not resolve any controversy as to rights and liabilities. Adoptions from non-convention countries such as Samoa are not recognised under s 38 of the Adoption of Children Act 1964 (Qld) where the adoptive parents were not domiciled in the country of adoption, though guardianship under s 52(c) of the Child Protection Act may provide an alternative basis for standing.
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