Changing parental responsibility following final orders in the NSW children's court
- Category: Section 90
- Created: Thursday, 19 January 2012 21:09
- Written by Turnbull Hill Lawyers
This article is mainly about s90(2A)(c) of the Children and Young Persons (Care and Protection) Act 1998 (NSW), which provides that before granting leave to vary or rescind a Care Order, the Children's Court must take into account the length of time for which the child or young person has been in the care of his or her present carer.
In this context, a Care Order usually means a Final Order allocating parental responsibility, but may also mean an Interim Order made under s69 or s70 of the Act. The scheme of the Act favours permanency, which is demonstrated by the requirement in s83 that the Director-General prepare a "permanency plan" before the court makes a Final Order.