Children and Young Persons (Care and Protection) Act 1998
90Rescission and variation of care orders
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90 Rescission and variation of care orders
90 Rescission and variation of care orders
(1) An application for the rescission or variation of a care order may be made with the leave of the Children’s Court.
(1AA) An application may be made by—
(a) the Secretary, or
(b) (Repealed)
(b1) the child or young person, or
(c) a person having parental responsibility for the child or young person, or
(d) a person from whom parental responsibility for the child or young person has been removed, or
(e) any person who considers himself or herself to have a sufficient interest in the welfare of the child or young person.
(1A) Subject to any order the Children’s Court may make, a person who makes an application under this section must give notice of the application to the persons who were parties to the proceedings in which the care order was made.
Note.
Section 256A sets out the circumstances in which the Children’s Court may dispense with the requirement to give notice.
(2) The Children’s Court may grant leave if it appears that there has been a significant change in any relevant circumstances since the care order was made or last varied.
(2A) Before granting leave to make an application to vary or rescind the care order, the Children’s Court must consider the matters set out in subsections (2B) and (2C).
(2B) The primary considerations are as follows—
(a) the views of the child or young person and the weight to be given to those views, having regard to the maturity of the child or young person and his or her capacity to express his or her views,
(b) the length of time for which the child or young person has been in the care of the present carer and the stability of present care arrangements,
(c) if the Children’s Court considers that the present care arrangements are stable and secure, the course that would result in the least intrusive intervention into the life of the child or young person and whether that course would be in the best interests of the child or young person.