(1) An application for the variation or revocation of a care order may be made with leave of the Court by —
(a) the Director;
(b) a person who has parental responsibility for a child;
(c) a person who considers himself or herself to have sufficient interest in the welfare of a child.
(2) The Court is not required to hear or determine an application under subsection (1)(c) unless it considers the person to have a sufficient interest in the welfare of the child.
(3) An applicant under subsection (1)(b) or (c) shall notify the Director of the application and the Director is entitled to be a party to the application if —
(a) the application for the variation or revocation is in relation to a care order, other than a contact order;
(b) the application seeks to change the parental responsibility for the child; and
(c) the Director is not a party to the proceedings.
(4) The Court may grant leave under subsection (1) if it appears that there has been a significant change in the circumstances since the care order was made or last varied by the Court.
(5) In determining whether to grant leave to vary or revoke a care order, the Court shall take the following matters into consideration —
(a) the nature of the application;
(b) the age and maturity of the child;
(c) the length of time for which the child has been in the care of the person who has parental responsibility for the child; and
(d) the plans for the child.
(6) If —
(a) an application for variation of a care order is made or opposed by the Director; and
(b) a ground on which the application for variation of a care order is made is a ground that has not previously been considered by the Court,
the ground must be proved as if it were a ground of a fresh application for a care order.
(7) Before making an order to vary or revoke a care order that places a child under the care responsibility of the Director or a care order that allocates specific aspects of care responsibility to another person, the Court shall consider the following matters —
(a) the age and maturity of the child;
(b) the wishes of the child and the weight to be given to those wishes;
(c) the length of time the child has been in the care of the person who has parental responsibility for the child;
(d) the strength of the bond of the child to his or her parent or the person who has parental responsibility for the child;
(e) the capacity of the parent of the child to provide an adequate standard of care for the child; and
(f) the risk to the child of psychological harm if the present care arrangements are varied or revoked.
(8) The Court may vary or revoke a care order if it is satisfied that it is appropriate to do so.
(9) If the Court revokes a care order under this Act, it may make any order that it could have made in relation to the child as if a care application had been made to it with respect to the child.
(10) On the making of an order under subsection (9), the Court shall cause notice of the order to be served on the Director.