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CARE AND PROTECTION OF CHILDREN ACT 2007 (NO 37 OF 2007) - SECT 137 Variation and revocation of order

CARE AND PROTECTION OF CHILDREN ACT 2007 (NO 37 OF 2007) - SECT 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.

    (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 person; or

    (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) and (2) does not apply to the CEO, but the CEO must comply with 124 (3) as soon as practicable after receiving the copy of the application;

    (c)     in considering the application, the Court may take into account:

        (i)     any contravention of the order by a person; or

        (ii)     any contravention of this Act in relation to the child by a person.

    (6)     The Court may revoke the order only if the Court is satisfied the order is no longer necessary.