Western Australian Current Acts

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FAMILY COURT ACT 1997 - SECT 79

79 .         Registration of revocation of registered parenting plan — FLA s. 63E

        (1)         This section applies to a registered parenting plan (the plan ).

        (2)         To apply for registration of an agreement (the revocation agreement ) revoking a registered parenting plan —

            (a)         an application for registration of the revocation agreement must be lodged in accordance with the rules; and

            (b)         the application must be accompanied by —

                  (i)         a copy of the revocation agreement; and

                  (ii)         the information required by the rules; and

                  (iii)         a statement, in relation to each party, that is to the effect that the party has been provided with independent legal advice as to the meaning and effect of the revocation agreement and that is signed by the legal practitioner who provided that advice.

        (3)         A court may register the revocation agreement if it considers it appropriate to do so having regard to the best interests of the child to whom the agreement relates.

        (4)         In determining whether it is appropriate to register the revocation agreement, a court —

            (a)         must have regard to the information accompanying the application for registration; and

            (b)         may, but is not required to, have regard to all or any of the matters set out in section 66C(2) and (3).

        [Section 79 inserted: No. 35 of 2006 s. 10; amended: No. 35 of 2006 s. 89.]



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