New South Wales Consolidated Acts

CHILDREN AND YOUNG PERSONS (CARE AND PROTECTION) ACT 1998 - SECT 91H

91H Variation or revocation of parent capacity order

(1) The Children's Court may at any time vary or revoke a parent capacity order (including a parent capacity order made after a breach of a prohibition order) on application by--

(a) the Secretary, or

(b) the parent or primary care-giver to whom it relates.

(2) The Children's Court may vary or revoke a parent capacity order if the Court is satisfied there has been a significant change in any relevant circumstances since the order was made or last varied.

(3) Subject to any order the Children's Court may make, a person who makes an application under this section must notify other persons who were parties to the proceedings for the making of the parent capacity order of the making of the application.

Note : Section 256A sets out the circumstances in which the Children's Court may dispense with the requirement to give notice.

(4) The Children's Court must, before varying or revoking a parent capacity order under this section--

(a) allow all parties a reasonable opportunity to be heard on the matter, and

(b) have regard to the factors that the Children's Court is required to have regard to under section 91E in considering whether or not to make a parent capacity order and in considering the terms of a parent capacity order.