Applying to Vary Permanence Orders

Permanence is intended to settle a child’s care arrangements. There are, however, limitations to that. Life does not stop developing at the point a Permanence Order is granted. The child continues to grow and develop, as do their circumstances.

In certain cases, a Permanence Order and its conditions may no longer be consistent with a child’s circumstances and best interests. This may arise due to a material change of circumstances for the child (including a change of circumstances for the child’s family that is relevant to the child’s welfare). In those cases, it may be appropriate to apply to the Sheriff Court to vary the Permanence Order.

For example, a Permanence Order may have been made without any condition making provision for contact with siblings because the child had no siblings at the point the Order was made. If the child’s siblings are subsequently born and contact arrangements cannot be agreed with the local authority by agreement, then it may be appropriate to apply to the Sheriff Court to ask the Sheriff to decide whether sibling contact should be ordered.

The process for applying to vary a Permanence Order can be complex. Before submitting an application to vary the Permanence Order, an individual requires to apply to and satisfy the Sheriff that there has been a material change of circumstances and there is merit in the variation sought. As the child’s welfare is the paramount consideration for the court, merit must be understood in the context of the child’s welfare.

Applications to vary permanence orders are rarely made by individuals, but the law makes provision for such applications and they are entirely appropriate in certain cases. Our firm has experience of providing advice and representation in relation to such applications.

Contact our permanence lawyers for Glasgow, Scotland

Our team of specialist child protection solicitors can provide comprehensive guidance, bespoke to your situation. This can often be a complex area of the law, and the wellbeing of children involved is our top priority. Get in touch with our team today on 0141 778 9657 or complete our online enquiry form.