Western Australian Current Acts

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FAMILY COURT ACT 1997 - SECT 124

124 .         When step-parents have duty to maintain — FLA s. 66M

        (1)         As stated in section 116, the step-parent of a child has a duty of maintaining the child if, and only if, there is an order in force under this section.

        (2)         A court may, by order, determine that it is proper for a step-parent to have a duty of maintaining a stepchild.

        (3)         In making an order under subsection (2), a court must have regard to these (and no other) matters —

            (a)         the matters referred to in sections 114 and 115; and

            (b)         the length and circumstances of the step-parent’s marriage to, or de facto relationship with, the relevant parent of the child; and

            (c)         the relationship that has existed between the step-parent and the child; and

            (d)         the arrangements that have existed for the maintenance of the child; and

            (e)         any special circumstances which, if not taken into account in the particular case, would result in injustice or undue hardship to any person.

        [Section 124 amended: No. 25 of 2002 s. 45.]



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