Court document · Child Protection & Care Proceedings
Application to rescind or vary a care order (s 90, Form 3): leave checklist and supporting affidavit outline (NSW)
Checklist for seeking leave under s 90 to rescind or vary a NSW care order, with a headings-only outline for the parent's supporting affidavit that keeps the evidence in the parent's own words.
- Kind
- Court document. A document filed or served in a court or tribunal.
- Where it applies
- New South Wales
- AI use
- Red Keep AI out of the decisive steps. A lawyer does the work.
- Law stated as at
- 17 October 2026
- Status
- Maintained. Checked against the cited sources on 17 October 2026.
- Version
- 1
- Source
- Written for this library. Licence: © State of New South Wales (Children's Court of NSW). Prescribed court forms: link only, do not copy or adapt.
When to use it
Use when a parent or other person wants final care orders changed because circumstances have significantly changed. Do not use for interim orders (s 90AA and Form 46) or for contact-only variations without checking the contact provisions first.
How AI may be used
Lawyer-led. AI may help organise the chronology of change from the client's records and index annexures. The affidavit is the parent's evidence in their own words: the tool writes nothing into it, and the child's views are never paraphrased by AI.
AI may
- Build a dated chronology of services completed and changes since the order from records the lawyer has cleared
- Index proposed annexures and list facts in the lawyer's draft that lack a source
AI must not
- Must not write, complete or rephrase any part of the affidavit
- Must not record, summarise or paraphrase the child's views
- Must not receive placement addresses, carer identities or reporter information
The lawyer checks
- A genuine, evidenced significant change since the order was made or last varied
- Notice to all parties and, where required, the Secretary
- The SC Gen 23 para 13 disclosure appears in the affidavit
Method: how the Green, Yellow and Red levels are decided. This is guidance for planning, not legal advice.
Official form
Open the official form. Always use the current version from the issuer. Licence: © State of New South Wales (Children's Court of NSW). Prescribed court forms: link only, do not copy or adapt..
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