Western Australian Current Acts

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FAMILY COURT ACT 1997 - SECT 37

37 .         Principles to be applied, and matters to be considered, by Court in its non-federal jurisdiction — FLA s. 43

        (1)         The Court must, in the exercise of its non-federal jurisdiction under this Act, have regard, as is applicable to each case, to —

            (a)         the need to preserve and protect the institution of marriage as the union of a man and a woman to the exclusion of all others voluntarily entered into for life; and

            (b)         the need to give the widest possible protection and assistance to the family as the natural and fundamental group unit of society, particularly while it is responsible for the care and education of dependent children; and

            (c)         the need to protect the rights of children and to promote their welfare; and

            (d)         the need to ensure protection from family violence; and

            (e)         the means available for assisting parties to a marriage to consider reconciliation or the improvement of their relationship to each other and to the children of the marriage.

        (2)         Subject to this Act, in exercising its non-federal jurisdictions with respect to a child the Court may —

            (a)         make such order as it thinks proper; or

            (b)         make an order until further order; or

            (c)         discharge or vary an order or suspend any part of an order and may revive the operation of any part of an order so suspended.

        [Section 37 amended: No. 13 of 2013 s. 7.]



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