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If you think you have a change in your circumstances since the Children’s Court made final orders, you can make an application to the Children’s Court for the orders to be changed.
This is called a ‘Section 90 Application’ which is an application made to the Children’s Court for the orders to be varied or rescinded. This is different from an appeal.
Life circumstances change and what was once appropriate may no longer be suitable for your family. Section 90 Applications allow you to:
- Modify existing orders to better suit the child’s best interests
- Seek the removal of orders that are no longer necessary or relevant
- Address new circumstances that may impact the child’s well-being
Step 1: Asking for ‘Leave’
Before you can ask the Children’s Court to vary or rescind the orders, you must ask the court to hear the application which is called ‘seeking leave’. The court will only seek leave for the application if the magistrate believes that there has been a significant change in circumstances since the Final Orders.
The Magistrate will consider several factors in determining whether leave should be granted for the Children’s Court to hear your Section 90 Application. You will need to file a Section 90 application and an affidavit setting out the change in significant circumstances since the final orders and why the court should hear your application.
Step 2: After Leave is Granted
After the Children’s Court allows you to bring the application, the next step is for the magistrate to decide whether or not the final orders should be varied or rescinded. The magistrate will need to consider the evidence and all of the current circumstances in making their decision.
You will need to file an affidavit that sets out the reason why the magistrate should make the orders you are seeking.
There are lots of ways you can demonstrate a significant change in circumstances, here are some things you should address:
- How your children are going since they were removed
- What contact you have had with your children and how contact has been going
- What you have been doing differently since your children were removed
- What your plans are for the children in the future
- Include letters from doctors, counselors, or other support services about how well you are doing and how you have been engaging in these services