Western Australian Current Acts

FAMILY COURT ACT 1997 - SECT 110

110 .         Obligations of owners etc. of aircraft and vessels if proceedings for making of certain parenting orders are pending — FLA s. 65ZB

        (1)         This section applies if —

            (a)         proceedings for the making of a parenting order to which this Subdivision applies are pending; and

            (b)         a party to the proceedings referred to in paragraph (a) has served on the captain, owner or charterer of a vessel a statutory declaration made by the party not earlier than 7 days before the date of service that —

                  (i)         relates to the proceedings; and

                  (ii)         complies with subsection (4).

        (2)         Subject to subsection (3), a person on whom a statutory declaration referred to in subsection (1)(b) is served must not, intentionally or recklessly and without reasonable excuse, permit a child identified in the statutory declaration to leave a port or place in the State in the aircraft or vessel for a destination outside Australia.

        Penalty: $6 600.

        (3)         A person does not commit an offence under subsection (2) if the child leaves the State, in the aircraft or vessel —

            (a)         in the company, or with the consent (evidenced by statutory declaration), of the person who made the statutory declaration referred to in subsection (1)(b); or

            (b)         in accordance with an order —

                  (i)         of any court (whether of a kind referred to in section 8(a) or (b) or otherwise) under any written law; or

                  (ii)         under a law of the Commonwealth or any other State or a Territory, of a court of the Commonwealth or that State or Territory,

                made after the proceedings referred to in subsection (1)(a) were instituted.

        (4)         A statutory declaration referred to in subsection (1)(b) must contain —

            (a)         full particulars of the relevant proceedings referred to in subsection (1)(a), including —

                  (i)         the full name and the date of birth of the child to whom the proceedings relate; and

                  (ii)         the full names of the parties to the proceedings; and

                  (iii)         the name of the court, the nature of the proceedings and the date of institution of the proceedings; and

                  (iv)         if an appeal has been instituted in the proceedings, the name of the court in which the appeal was instituted and the date on which it was instituted;

                and

            (b)         a statement that the proceedings referred to in subsection (1)(a) are pending at the date of the statutory declaration; and

            (c)         such other matters (if any) as are prescribed.

        [Section 110 amended: No. 25 of 2002 s. 75; No. 35 of 2006 s. 158.]