Child Care Act 1991

F267 [ Variation, discharge or cessation of order under section 43A.

43B

43B. (1) The court may vary or discharge an order under section 43A or any condition or restriction attaching to that order on the application of any of the following persons:

( a ) the F268 [ Child and Family Agency ] ;

( b ) a foster parent or relative to whom the order was granted;

( c ) a parent having custody of the child concerned at the relevant time;

( d ) a person (other than the foster parent or relative to whom the order was granted) acting in loco parentis to the child concerned;

( e ) a person who, in the opinion of the court, has a bona fide interest in the child concerned.

(2) An order under section 43A ceases to have effect

( a ) if the child concerned is in care under section 4 , when care of the child is resumed by the parent or other person whose wishes the F268 [ Child and Family Agency ] is required under that section to have regard to,

( b ) if the child concerned is the subject of a care order, when the care order is discharged under section 22 or ceases to have effect under section 44(2) ,

( c ) if the child concerned is, in accordance with section 43 and regulations made by the Minister, removed from the custody of the foster parent or relative to whom the order under section 43A was granted, immediately on the child s removal,

( d ) if the foster parent or relative to whom the order under section 43A was granted requests the F268 [ Child and Family Agency ] to remove the child concerned from his or her custody, when the child is removed in accordance with the request, or

( e ) when the child concerned attains the age of 18 years or marries,

whichever is the sooner. ]

Annotations:

Amendments:

F267

Inserted (23.07.2007) by Child Care (Amendment) Act 2007 (26/2007), s. 4, S.I. No. 509 of 2007.

F268

Substituted (1.01.2014) by Child and Family Agency Act 2013 (40/2013), s. 97 and sch. 2, part 4 item 1, S.I. No. 502 of 2013.