Western Australian Current Acts

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FAMILY COURT ACT 1997 - SECT 141

141 .         Orders for, and unspent, child bearing expenses

        (1)         An order made under this Subdivision must recite the finding, as is appropriate in the case, that —

            (a)         the woman is pregnant by a man named in the order as the father of the woman’s unborn child, or the person named in the order is the parent of the woman’s unborn child under section 6A of the Artificial Conception Act 1985 ; or

            (b)         the woman has been delivered of a child or a stillborn child of which a person named in the order is, or was, the father, or the parent under section 6A of the Artificial Conception Act 1985 ,

                and a reference in subsection (2) to the other parent is a reference to the person named in the relevant order.

        (2)         If —

            (a)         money has been paid in accordance with an order made under this Subdivision; and

            (b)         the pregnancy that is the subject of the order has come to an end but the woman has not given birth to a live child; and

            (c)         the money has not been spent by the time the pregnancy came to an end,

                then, on the application of any party, or of its own motion, a court may direct that the money —

            (d)         be kept by the woman; or

            (e)         be repaid to the other parent; or

            (f)         be divided, in such proportions as the court thinks fit, between the woman and the other parent.

        [Section 141 amended: No. 3 of 2002 s. 66.]

[ 142.         Deleted: No. 35 of 2006 s. 175.]



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