---
title: "Application to rescind or vary a care order (s 90, Form 3): leave checklist and supporting affidavit outline (NSW)"
url: "https://ailawframework.com/precedents/child-protection-and-care-proceedings/section-90-application-affidavit-outline"
type: "precedent"
site: "AI Law Framework"
id: "a52-section-90-application-affidavit-outline"
area_id: "A52"
kind: "court-document"
ai_level: "red"
version: 1
law_stated_as_at: "2026-10-17"
---

# 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.

Canonical page: https://ailawframework.com/precedents/child-protection-and-care-proceedings/section-90-application-affidavit-outline  
Law stated as at: 2026-10-17

Site index for agents: https://ailawframework.com/llms.txt

## Key facts

- Kind: Court document. A document filed or served in a court or tribunal.
- Practice area: [Child Protection & Care Proceedings](https://ailawframework.com/precedents/child-protection-and-care-proceedings.md)
- Jurisdictions: New South Wales
- AI level: Red. Keep AI out of the decisive steps. A lawyer does the work.
- Law stated as at: 2026-10-17
- Status: Maintained. Checked on 2026-10-17 against the 5 authorities it cites, for New South Wales.

## 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

## Authorities

- [Children and Young Persons (Care and Protection) Act 1998 (NSW) s 90 (rescission and variation of care orders, including leave, notice and considerations)](https://legislation.nsw.gov.au/view/html/inforce/current/act-1998-157)
- [Children and Young Persons (Care and Protection) Act 1998 (NSW) ss 9, 10A (principles; permanent placement principles)](https://legislation.nsw.gov.au/view/html/inforce/current/act-1998-157)
- [Children and Young Persons (Care and Protection) Act 1998 (NSW) s 29 (protection of reporters)](https://legislation.nsw.gov.au/view/html/inforce/current/act-1998-157)
- [Children's Court Rule 2000 (NSW)](https://legislation.nsw.gov.au/view/html/inforce/current/sl-2000-0706)
- [Children's Court of NSW Practice Note No 21 – Generative Artificial Intelligence (adopting SC Gen 23 paras 12, 13)](https://childrenscourt.nsw.gov.au/content/dam/dcj/ctsd/childrenscourt/documents/practice-notes/Practice_Note_21__Generative_Artificial_Intelligence.pdf)

## Official form

[Official form](https://childrenscourt.nsw.gov.au/forms-and-fees/forms-for-care-and-protection-cases.html)

## Full text and drafting notes

The full text and the drafting notes are not part of this public page. Signed-in firm accounts can read them at https://ailawframework.com/precedents/child-protection-and-care-proceedings/section-90-application-affidavit-outline and through the signed-in MCP connector https://ailawframework.com/mcp/firm.

*Practice guidance for planning and review. Confirm current primary sources and the requirements of the actual matter. This is general information, not legal advice.*