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What about variation of agreement for custody and maintenance and the factors taken into consideration?

The Court has powers to vary its own orders for custody and maintenance

  • Any interested party can apply for the variation;

  • The factors that can be taken into consideration are:
    • that the order was based on any misrepresentation/ mistake of fact; or

    • where there has been any material change in the circumstances.

The Court has powers to vary agreement for custody and maintenance as follows:

  1. the terms of any such agreement can be varied;

  2. the Court will take into consideration such factors as to whether it is reasonable and whether it is for the welfare of the child to do so.
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Knowledge Base ID :   1074
Last Reviewed :   November 17, 2016
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