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FAMILY COURT ACT 1997 - SECT 76

76 .         Meaning of parenting plan and related terms — FLA s. 63C

        (1)         A parenting plan is an agreement that —

            (a)         is in writing; and

            (b)         is or was made between the parents of a child; and

            (ba)         is signed by the parents of the child; and

            (bb)         is dated; and

            (c)         deals with a matter or matters mentioned in subsection (2).

        (1a)         An agreement is not a parenting plan unless it is made free from any threat, duress or coercion.

        (2)         A parenting plan may deal with one or more of the following —

            (a)         the person or persons with whom a child is to live;

            (b)         the time a child is to spend with another person or other persons;

            (c)         the allocation of parental responsibility for a child;

            (d)         if 2 or more persons are to share parental responsibility for a child, the form of consultations those persons are to have with one another about decisions to be made in the exercise of that responsibility;

            (e)         the communication a child is to have with another person or other persons;

            (f)         maintenance of a child;

            (g)         the process to be used for resolving disputes about the terms or operation of the plan;

            (h)         the process to be used for changing the plan to take account of the changing needs or circumstances of the child or the parties to the plan;

                  (i)         any aspect of the care, welfare or development of the child or any other aspect of parental responsibility for a child.

        (2a)         The person referred to in subsection (2) may be, or the persons referred to in that subsection may include, either a parent of the child or a person other than the parent of the child (including a grandparent or other relative of the child).

        (2b)         Without limiting subsection (2)(c), the plan may deal with the allocation of responsibility for making decisions about major long-term issues in relation to the child.

        (2c)         The communication referred to in subsection (2)(e) includes (but is not limited to) communication by —

            (a)         letter; and

            (b)         telephone, email or any other electronic means.

        (3)         An agreement may be a parenting plan —

            (a)         whether made before or after the commencement of this section; and

            (b)         whether made inside or outside Western Australia; and

            (c)         whether other persons as well as a child’s parents are also parties; and

            (d)         whether it deals with other matters as well as matters mentioned in subsection (2).

        (4)         Provisions of a parenting plan that deal with matters other than the maintenance of a child are child welfare provisions.

        (5)         Provisions of a parenting plan that deal with the matter mentioned in subsection (2)(f) are child maintenance provisions .

        (6)         A registered parenting plan is a parenting plan —

            (a)         that was registered in a court under section 79 as in force at any time before the commencement of section 7 of the Family Legislation Amendment Act 2006 ; and

            (b)         that continued to be registered immediately before that section commenced.

        [Section 76 amended: No. 35 of 2006 s. 7, 87 and 146.]



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