Western Australian Current Acts

FAMILY COURT ACT 1997 - SECT 92

92 .         Special conditions for making parenting order about whom child lives with or allocation of parental responsibility by consent in favour of non-parent — FLA s. 65G

        (1)         This section applies if —

            (a)         a court proposes to make a parenting order that deals with whom a child is to live with; and

            (b)         under the order, the child would not live with a parent, grandparent or other relative of the child; and

            (c)         the court proposes to make that order with the consent of all the parties to the proceedings.

        (1a)         This section also applies if —

            (a)         a court proposes to make a parenting order that deals with the allocation of parental responsibility for a child; and

            (b)         under the order, no parent, grandparent or other relative of the child would be allocated parental responsibility for the child; and

            (c)         the court proposes to make that order with the consent of all the parties to the proceedings.

        (2)         A court must not make the proposed order unless —

            (a)         the parties to the proceedings have attended a conference with a family consultant to discuss the matter to be determined by the proposed order; or

            (b)         the court is satisfied that there are circumstances that make it appropriate to make the proposed order even though paragraph (a) has not been complied with.

        [Section 92 amended: No. 35 of 2006 s. 97 and 148.]