Application to court to vary or terminate order or guardianship agreement
61(1)Where a child is in care under a guardianship order or a guardianship agreement and at least six months have elapsed from the making of the order or agreement or from any previous review of the order or agreement, a child or former parent of the child may apply to the court to vary or terminate the order or agreement.
61(2)Upon receiving an application under subsection (1), the court shall, subject to subsection (4),
(a)
hear the matter in accordance with section 60,
(b)
take into account as additional considerations,
(i)
whether the Minister has fulfilled his obligations under the order or agreement, and
(ii)
if relevant to the application, whether the former parent is able and willing to provide appropriate care for the child.
61(3)Despite paragraph 53(3)(c), the court shall dispose of an application authorized by this section within six months after it is made.
61(4)A court shall not hear an application under this section if the child has been placed for adoption.
61(5)A court shall not hear an application under this section if the Minister has transferred guardianship of a child in accordance with section 56.1.
1990, c.25, s.14; 1996, c.75, s.6; 2016, c.37, s.66; 2019, c.17, s.19; 2022, c.62, s.2