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Care and Protection of Children Act 2007
137Variation and revocation of order
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137 Variation and revocation of order
(1) Before the order ceases to be in force, a party to the proceedings
for the making of the order may apply to the Court for the order to
be:
(a) varied; or
(b) revoked; or
(c) revoked and replaced by a new protection order.
Care and Protection of Children Act 2007 79
(2) However, a parent of the child must not:
(a) apply for the order to be replaced if the proposed new order
will give parental responsibility for the child to a different
(b) without the leave of the Court – apply for the order to be
varied or revoked if a similar application has been decided by
the Court.
(3) The Court may only grant the leave if the Court is satisfied the
parent has new evidence to present to the Court.
(4) An application under subsection (1) must be made as if it were an
application for a protection order.
(5) This Subdivision applies to the application with the following
changes:
(a) as soon as practicable after making the application, the
applicant must give a copy of the application to the CEO and
each parent of the child (except a parent who is the applicant);
(b) section 124(1) to (5) do not apply to the CEO, but the CEO
must comply with section 124(6) as soon as practicable after
receiving the copy of the application;
(c) in considering the application, the Court may take into
(i) any contravention of the order by a person; or
(ii) any contravention of this Act in relation to the child by a
(6) The Court may revoke the order only if the Court is satisfied the
order is no longer necessary.