(1) In this section
—
condition means a condition of a protection order
(special guardianship) other than the condition referred to in section 63(2).
(2) A party to the
initial proceedings may apply to the Court for the variation, addition or
substitution of a condition.
(3) On an application
under subsection (2) the Court may —
(a) vary
a condition in any manner that the Court considers appropriate; or
(b) add
or substitute a condition.
(4) The Court must not
grant an application under subsection (2) unless it is satisfied that —
(a) new
facts or circumstances have arisen since the condition was imposed or last
varied, as the case may be; or
(b) each
party to the initial proceedings consents to the application.
(5) The reference in
subsection (4)(b) to each party to the initial proceedings does not include
the child unless —
(a) the
child has legal representation; or
(b) the
Court is satisfied that the child has sufficient maturity and understanding to
give consent.
[Section 64 amended: No. 49 of 2010 s. 29; No. 18
of 2021 s. 29.]