Western Australian Current Acts

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FAMILY COURT ACT 1997 - SECT 6

6 .         Meaning of member of the family — FLA s. 4(1AB)

                For the purposes of —

            (a)         the definition of step-parent in section 5(1); and

            (ba)         section 9A; and

            (b)         section 66C(3)(j) and (k); and

            (c)         sections 66F, 66HA and 66HB,

                a person (the first person ) is a member of the family of another person (the second person ) if —

            (d)         the first person is or has been married to, or in a de facto relationship with, the second person; or

            (e)         the first person is or has been a relative of the second person (as defined in section 7); or

            (f)         an order under this Act described in subparagraph (i) or (ii) is or was (at any time) in force —

                  (i)         a parenting order (other than a child maintenance order) that relates to a child who is either the first person or the second person and that is in favour of the other of those persons;

                  (ii)         an order providing for the first person or the second person to have custody or guardianship of, or a right of access to, the other of those persons;

                or

            (g)         an order under a law of a State or Territory described in subparagraph (i) or (ii) is or was (at any time) in force —

                  (i)         an order determining that the first person or the second person is or was to live with the other of those persons, or is or was to have custody or guardianship of the other of those persons;

                  (ii)         an order providing for contact between the first person and the second person, or for the first person or the second person to have a right of access to the other of those persons;

                or

            (h)         the first person ordinarily or regularly resides or resided with the second person, or with another member of the family of the second person; or

                  (i)         the first person is or has been a member of the family of a child of the second person.

        [Section 6 inserted: No. 35 of 2006 s. 171; amended: No. 13 of 2013 s. 5.]



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