Care of Children Act 2004

56 Variation or discharge of parenting and other orders

• (1) On an application for the purpose by an eligible person, the court may vary or discharge any of the following:

  • (a) a parenting order (whether the order is about the person or persons who have the role of providing day-to-day care for a child, or about contact with the child, or about both of those matters):

  • (b) any other order about the role of providing day-to-day care for, or about contact with, a child:

  • (c) an order about the upbringing of a child.

  (2) On an application for the purpose by an eligible person, the court may vary or discharge an order vesting the guardianship of a child in 1 parent or in any other person or persons. If the order is discharged, and no other order with respect to the guardianship of the child is made, guardianship vests in the person or persons (if any) who would be the guardian or guardians if the order discharged had not been made.

  (3) In this section, eligible person, in relation to an order relating to a child, means any of the following persons:

  • (a) a person affected by the order:

  • (b) a person acting on behalf of the child.

  (4) Subsections (1) and (2) apply to orders of the kind referred to in those subsections whether or not the orders were made after the commencement of this Act, but nothing in those subsections applies to—

  • (a) any order under the Children, Young Persons, and Their Families Act 1989; or

  • (b) any interim order or adoption order under the Adoption Act 1955.

  (5) Subsection (2) does not limit section 29.

  Compare: 1968 No 63 s 17