Western Australian Current Acts

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205H .         Effect of parenting plan — FLA s. 70NBB

        (1)         This section applies if —

            (a)         a parenting order has been made in relation to a child (whether before or after the commencement of section 101 of the Family Legislation Amendment Act 2006 ); and

            (b)         after the parenting order was made, the parents of the child made a parenting plan that dealt with a matter (the relevant matter ) that was dealt with in the parenting order.

        (2)         If —

            (a)         section 205G applies to proceedings brought in relation to the parenting order in relation to the relevant matter; and

            (b)         the parenting plan was in force when the contravention of the parenting order —

                  (i)         is alleged to have been committed; or

                  (ii)         occurred,

                a court must, in exercising its powers under section 205G

            (c)         have regard to the terms of the parenting plan; and

            (d)         consider whether to exercise its powers under section 205G to make an order varying the parenting order to include (with or without modification) some or all of the provisions of the parenting plan.

        [Section 205H inserted: No. 35 of 2006 s. 101.]

        [Heading inserted: No. 35 of 2006 s. 101.]

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