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:
- the terms of any such agreement can be varied;
- 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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