Western Australian Current Acts Western Australian Current Acts (1) A parenting order
is —
(a) an
order under this Part (including an order until further order) dealing with a
matter mentioned in subsection (2); or
(b) an
order under this Part discharging, varying, suspending or reviving an order,
or part of an order, described in paragraph (a).
(1A) However, a
declaration or order under Division 11 Subdivision 4 is not a parenting order.
(2) A parenting order
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
steps to be taken before an application is made to a court for a variation of
the order to take account of the changing needs or circumstances of —
(i)
a child to whom the order relates; or
(ii)
the parties to the proceedings in which the order is
made;
(h) the
process to be used for resolving disputes about the terms or operation of the
order;
(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 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).
(3) Without limiting
subsection (2)(c), the order may deal with the allocation of responsibility
for making decisions about major long-term issues in relation to the child.
(4) 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.
(4a) Without limiting
subsection (2)(g) and (h), the parenting order may provide that the parties to
the proceedings must consult with a family dispute resolution practitioner to
assist with —
(a)
resolving any dispute about the terms or operation of the order; or
(b)
reaching agreement about changes to be made to the order.
(5) To the extent (if
at all) that a parenting order deals with the matter mentioned in subsection
(2)(f), the order is a child maintenance order .
(6) For the purposes
of this Act —
(a) a
parenting order that provides that a child is to live with a person is made in
favour of that person; and
(b) a
parenting order that provides that a child is to spend time with a person is
made in favour of that person; and
(c) a
parenting order that provides that a child is to have communication with a
person is made in favour of that person; and
(d) a
parenting order that —
(i)
allocates parental responsibility for a child to a
person; or
(ii)
provides that a person is to share parental
responsibility for a child with another person,
is made in favour of
that person.
[Section 84 amended: No. 35 of 2006 s. 90; No. 13
of 2013 s. 26.]