1 Persons whose consent is required to the marriage of a minor (schedule to Marriage Act)

1. Where both parents of the minor are alive-

(a) in any case other than a case to which paragraph (b) or (c) is applicable

Both parents

(b) if the parents live separately and apart-

(i) if the minor lives permanently with one parent or lives more with one parent than with the other

The parent with whom the minor so lives

(ii) if the minor does not live with either parent and the parents have never been married to each other

The mother

(c) if both parents have been deprived of the custody of the minor by the order of a court

The person or persons having the custody of the minor under the order of the court

2. Where only one parent of the minor is alive-

(a) if the parents had, at any time, been married to each other-

(i) if the surviving parent has not been deprived of the custody of the minor by the order of a court

The surviving parent

(ii) if the surviving parent has been deprived of the custody of the minor by the order of a court

The person or persons having the custody of the minor under the order of the court

(b) if the parents had never been married to each other-

(i) if the surviving parent is the mother and she has not been deprived of the custody of the minor by the order of a court

The mother

(ii) if the surviving parent is the mother and she has been deprived of the custody of the minor by the order of a court

The person or persons having the custody of the minor under the order of the court

(iii) if the surviving parent is the father-

(A) if the minor lives permanently with the father

The father

(B) if the minor does not live permanently with the father and there is or are a guardian or guardians of the minor

The guardian or guardians

(C) if the minor does not live permanently with the father and there is no guardian of the minor

A prescribed authority

3. Where both parents of the minor are dead-

(a) if there is or are a guardian or guardians of the minor

The guardian or guardians

(b) if there is no guardian of the minor

A prescribed authority

1. Where the minor was adopted by a husband and wife jointly

The person or persons who would be the prescribed person or persons under Part I of this Schedule if the minor had been born in lawful wedlock to his or her adoptive parents

2. Where the minor was adopted by one person only-

(a) if the adoptive parent is alive and has not been deprived of the custody of the minor by the order of a court

The adoptive parent

(b) if the adoptive parent is alive but has been deprived of the custody of the minor by the order of a court

The person who has the custody of the minor under the order of the court

(c) if the adoptive parent is dead-

(i) if there is or are a guardian or guardians of the minor

The guardian or guardians

(ii) if there is no guardian of the minor

A prescribed authority

2 Application to marry under age

Magistrates have authority to authorize the marriage of males and females between the ages of 16 and 18 years if satisfied that there are exceptional and unusual circumstances. Sn 12 (for form of consent see page 4.27)

A marriage so authorized must take place within 3 months of the order or the order ceases to have effect.

3 Dispensing with consent

A prescribed authority (this is not a defined - it is not a court) may dispense with consent in certain circumstances. Sn 15

4 Application where consent refused

An application may be made to a Magistrate for consent to marriage of a minor (under 18 years) where the appropriate person has refused consent. (for form of order see page 4.28 )

Such a consent shall not be signed for 14 days to allow for a rehearing before a Judge.

5 Procedure

4.1 inquiry must be held in private

4.2 Magistrate is not bound by the rules of evidence.

4.3 all interested parties are to be given the opportunity to be heard.

4.4 NOTE: Some applications are made under both sn 12 and sn 16

6 Procedure after refusal

Where an application under sn 12, sn 15 or sn 16 has been refused no further application shall be considered within 6 months of the refusal unless the court is satisfied that there has been a substantial change in relevant facts or circumstances.

Commonwealth of Australia

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_______________

Upon holding an inquiry into the relevant facts and circumstances concerning the application made by _(name) of _(address) , _(occupation)for an order authorising him/her to marry _(name) of _(address) , _(occupation).

I, _{(name of Magistrate)} , a person who office as a Stipendiary Magistrate of the State of South Australia (and in respect of whom an appropriate arrangement in force under section 9 of the Marriage Act 1961 is applicable) am satisfied that:-

(a) the applicant was born on the day of 19 , and has attained the age of years; and

(b) the said was born on the day of 19 , and is of marriageable age within the meaning of the said Act; and

(c) the parents of consent to his/her marriage to the said ; and

(b) the circumstances of the case are so exceptional and unusual as to justify the making of the order

In the exercise of my discretion I do hereby authorise the said to marry the said

Dated the.....................day of ...................................................19..........

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(Stipendiary Magistrate)

PLEASE NOTE This order ceases to have effect if the marriage thereby authorised does not take place within three months of the date of this order.

Commonwealth of Australia

_______________

_______________

Upon holding an inquiry into the relevant facts and circumstances concerning the application made by _{(name of applicant)} of _(address) , _(occupation) for my consent to his/her proposed marriage with _(name) of _(address) in place of the consent of _(name) of _(address) , _(occupation) the _{(mother, father etc)} of the said _{(name of applicant)} .

I, _{(name of Magistrate)} ,a person who holds office as a Stipendiary Magistrate of the State of South Australia (and in respect of whom an appropriate arrangement in force under section 9 of the Marriage Act 1961 is applicable) am satisfied that the said _(name) , who refused to consent to the marriage, so refused unreasonably (or that, having proper regard to the welfare of the said _(applicant0 , it would be unreasonable for me to refuse my consent to the marriage), and I therefore give my consent to the proposed marriage in place of the consent of the said _{(name of parent etc)} .

Dated the .................day of........................................................ , 19............

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(Signature)

.......................................................

(Title)

(NOTE: This order cannot be signed for 14 days after it is made - see para 4 above)