Western Australian Current Acts

FAMILY COURT ACT 1997 - SECT 202B

202B .         Principles for conducting child-related proceedings — FLA s. 69ZN

        (1)         The court must give effect to the principles in this section —

            (a)         in performing duties and exercising powers (whether under this Division or otherwise) in relation to child-related proceedings; and

            (b)         in making other decisions about the conduct of child-related proceedings.

        (2)         Failure to give effect to the principles does not invalidate the proceedings or any order made in them.

        (3)         Regard is to be had to the principles in interpreting this Division.

        (4)         The first principle is that the court is to consider the needs of the child concerned and the impact that the conduct of the proceedings may have on the child in determining the conduct of the proceedings.

        (5)         The second principle is that the court is to actively direct, control and manage the conduct of the proceedings.

        (6)         The third principle is that the proceedings are to be conducted in a way that will safeguard —

            (a)         the child concerned from being subjected to, or exposed to, abuse, neglect or family violence; and

            (b)         the parties to the proceedings against family violence.

        (7)         The fourth principle is that the proceedings are, as far as possible, to be conducted in a way that will promote cooperative and child-focused parenting by the parties.

        (8)         The fifth principle is that the proceedings are to be conducted without undue delay and with as little formality, and legal technicality and form, as possible.

        [Section 202B inserted: No. 35 of 2006 s. 105; amended: No. 13 of 2013 s. 19.]