AustLII Tasmanian Consolidated Acts

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CHILDREN, YOUNG PERSONS AND THEIR FAMILIES ACT 1997 - SECT 48

48. Variation, revocation, suspension and end of care and protection order or interim care and protection order

      (1) A care and protection order or an interim care and protection order –

(a) may be varied or revoked by the Court at any time on the application of the child, the Secretary or a person granted guardianship or custody by the order; and

(ab) may be varied or revoked by the Court on the application of a former guardian of the child or a person who was party to the application for the order, other than a person referred to in paragraph (a), if –

(i) circumstances have changed since the order was made; and

(ii) the application is made with the leave of the Court; and

(b) ceases to have effect when the child attains 18 years of age.

      (2) A care and protection order under section 42(4)(d) granting guardianship of a child to a person until the child attains 18 years of age ceases to have effect on the making of an application for a parenting order under Part VII of the Family Law Act 1975 of the Commonwealth in respect of the child or an application for registration of a parenting plan under that Part of that Act if that application is made –

(a) by a person who is not the parent of the child; and

(b) with the consent of the Secretary and all parties to the proceedings.

      (3) A care and protection order that has ceased to have effect under subsection (2) is revived if –

(a) the application for the parenting order or registration of a parenting plan is withdrawn; or

(b) the order sought or registration is refused; or

(c) the parenting order made or the parenting plan registered is not in the terms to which the Secretary and parties to the proceedings agreed.



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