Western Australian Current Acts

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FAMILY COURT ACT 1997 - SECT 176

176 .         Power of court making family violence order to revive, vary, discharge or suspend an existing order, injunction or arrangement under this Act — FLA s. 68R

        (1)         In proceedings to make or vary a family violence order, a court may revive, vary, discharge or suspend —

            (a)         a parenting order, to the extent to which it provides for a child to spend time with a person, or expressly or impliedly requires or authorises a person to spend time with the child; or

            (b)         a recovery order (as defined in section 149) or any other order under this Act, to the extent to which it expressly or impliedly requires or authorises a person to spend time with a child; or

            (c)         an injunction granted under section 235 or 235A, to the extent to which it expressly or impliedly requires or authorises a person to spend time with a child; or

            (d)         to the extent to which it expressly or impliedly requires or authorises a person to spend time with a child —

                  (i)         an undertaking given to, and accepted by, a court; or

                  (ii)         a registered parenting plan within the meaning of section 76(6); or

                  (iii)         a bond entered into under an order under this Act.

        (2)         The court may do so —

            (a)         on its own initiative; or

            (b)         on application by any person.

        (3)         The court must not do so unless —

            (a)         it also makes or varies a family violence order in the proceedings (whether or not by interim order); and

            (b)         if the court proposes to revive, vary, discharge or suspend an order or injunction mentioned in subsection (1)(a), (b) or (c), the court has before it material that was not before the court that made that order or injunction.

        (4)         The court must not exercise its power under subsection (1) to discharge an order, injunction or arrangement in proceedings to make an interim family violence order or an interim variation of a family violence order.

        (5)         In exercising its power under subsection (1), the court must —

            (a)         have regard to the purposes of this Division (stated in section 173); and

            (b)         have regard to whether contact with both parents is in the best interests of the child concerned; and

            (c)         if varying, discharging or suspending an order or injunction mentioned in subsection (1)(a), (b) or (c) that, when made or granted, was inconsistent with an existing family violence order, be satisfied that it is appropriate to do so because a person has been exposed, or is likely to be exposed, to family violence as a result of the operation of that order or injunction.

        (6)         The regulations may require a copy of the court’s decision to revive, vary, discharge or suspend an order, injunction or arrangement to be registered in accordance with the regulations.

        (7)         Failure to comply with any requirement of the regulations referred to in subsection (6) does not affect the validity of the court’s decision.

        [Section 176 inserted: No. 35 of 2006 s. 142(1).]



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