Leave to vary parenting order within two year period — Care of Children Act 2004, ss 7A and 139A — Family Courts Rules 2002, r 416ZF. Parties sought to vary a parenting order under the Care of Children Act whilst a statutory ban of two years was in place. The Judge took issue with the fact that parties attempted to file a consent memorandum that requested leave in advance under s 139A. It was noted that s 139A clearly "provides a statutory framework of analysis that must be undertaken at the time of application based on the evidence filed prior to a judicial determination being made to decline or grant such leave". The Court held that it is not open for any Judge to provide leave in anticipation to s 139A ahead of any evidence being filed. Nor was it open for a Judge to determine in advance how an application was to be filed or on what track. Given that the Judge was unable to hear the matter as a s 139A hearing it was instead treated as a r 416ZF directions conference. A time for a limited hearing regarding whether the children could have contact with their mother was allocated. Judgment Date: 13 September 2016. * * * Note: Names have been changed to comply with legal requirements * * *