If you have received orders from the Children’s Court related to the care of your child, a Section 90 application will allow you to revisit the care arrangements.
Any person can make a Section 90 application if they have a genuine interest in the child. This application would allow the Court to review whether or not there is a genuine possibility of the child being returned to their care.
In order to successfully lodge a Section 90 application, there are two parts that the Court has to consider:
1. First the Court will look at whether there has been a significant change in any relevant circumstances
2. If the Court finds that there has been a significant change, they must consider:
a. The nature of the application
b. The age of the child or young person
c. The length of time that the child or young person has been in the care of the present carer
d. The plans for the child
e. Whether the applicant has an arguable case
The key factor in deciding whether a Section 90 application is to be heard is whether such an application will be in the child’s best interest.
If you would like more information on Section 90 applications or advice on how to apply for one, contact us via telephone or our enquiry line.