Western Australian Current Acts Western Australian Current Acts (1) A court may make
an order varying a primary order if —
(a)
proceedings in relation to the primary order are brought before the court; and
(b) it
is alleged in those proceedings that a person committed a contravention of the
primary order and either —
(i)
the court does not find that the person committed a
contravention of the primary order; or
(ii)
the court finds that the person committed a contravention
of the primary order.
(2) If Subdivision 6
applies to the contravention, when making an order under subsection (1)
varying a primary order, a court, in addition to regarding, under section 66A,
the best interests of the child as the paramount consideration, must, if any
of the following considerations is relevant, take that consideration into
account —
(a) the
person who contravened the primary order did so after having attended, after
having refused or failed to attend, or after having been found to be
unsuitable to take any further part in, a post-separation parenting program or
a part of such a program;
(b)
there was no post-separation parenting program that the person who contravened
the primary order could attend;
(c)
because of the behaviour of the person who contravened the primary order, it
was not appropriate, in the court’s opinion, for the person to attend a
post-separation parenting program, or a part of such a program;
(d) the
primary order was a compensatory parenting order made under section 205O(1)(b)
or 205SB(2)(c) after the person had contravened a previous order under this
Act affecting children.
(3) This section does
not limit the circumstances in which a court may vary a primary order.
[Section 205G inserted: No. 35 of 2006 s. 101.]