Western Australian Current Acts Western Australian Current Acts (1a) This section
applies to a registered parenting plan.
(1) A court may set
aside a registered parenting plan (the plan ), and its registration, if the
court is satisfied —
(a) that
the concurrence of a party was obtained by fraud, duress or undue influence;
or
(b) that
the parties want the plan set aside; or
(c) that
it is in the best interests of a child to set aside the plan.
(2) In proceedings
under subsection (1), to the extent that they are proceedings on the ground
mentioned in subsection (1)(c), the best interests of the child concerned are
the paramount consideration.
(3) Other provisions
of this Act under which provisions of the plan may be set aside or otherwise
affected are —
(a)
section 80(2), under which a court may vary child welfare provisions in the
plan; and
(b)
section 89(2), under which a court may make a parenting order that discharges,
varies, suspends or revives provisions of the plan that have effect as if they
were a parenting order (other than a child maintenance order); and
(c)
section 128, under which a court may discharge, suspend, revive or vary
provisions of the plan that have effect as if they were a child maintenance
order; and
(d)
section 176, under which a court may revive, vary, discharge or suspend a
registered parenting plan.
(4) Except as
permitted by subsection (1) or by a provision mentioned in subsection (3), a
court must not set aside, discharge, vary, suspend or revive the whole or a
part of the plan.
[Section 82 amended: No. 35 of 2006 s. 13.]