Parenting Order Contravention Application (Applicant) - De Facto Relationship in Western Australia (FCWA) Pathway

Jurisdiction: Family Court of Western Australia (FCWA), applying the Family Court Act 1997 (WA). This is a state-bound jurisdiction that operates independently from the federal NCL list.

The Process at a Glance: Conduct WA jurisdictional intake and verify that a valid parenting order is in force under the Family Court Act 1997 (WA). Confirm that the parties were in a de facto relationship in WA and that the state court has sole jurisdiction. Check s 66H mediation certificate status or establish a state-based exemption. Compile the FCWA Form 18 Application - Contravention and the supporting FCWA Affidavit. The Family Court of Western Australia has no Genuine Steps Certificate: a contravention application affecting children is filed with an affidavit and either the family dispute resolution certificate (s 66H(7) of the Family Court Act 1997 (WA) or s 60I(8) of the Family Law Act 1975 (Cth)) or an exemption form (Form NP1). Lodge the package through the eCourts Portal of WA. Retrieve the sealed documents, arrange special service by hand on the respondent (rule 121 of the Family Court Rules 2021 (WA)) as soon as possible after filing, and represent the applicant on the date the Registry Manager fixes for a hearing or directions, which is as near as practicable to 14 days after filing (rule 436).

Key Legislation and Case Law: Family Court Act 1997 (WA) - Part 5A (de facto relationships), Part 5, Division 13 (orders in proceedings relating to contraventions of child-related orders, ss 205A to 205R), s 205C (meaning of contravene a child-related order), s 205D (meaning of reasonable excuse), s 205E (a person claiming a reasonable excuse has the legal burden of proving it), s 205F (standard of proof is the balance of probabilities, except under s 205K(1)(d)), s 205G (orders the court may make), s 205H (make-up time parenting orders), s 205K (orders where a contravention is established without reasonable excuse, including a bond, compensation for expenses and, where the contravention is proved beyond reasonable doubt, a fine or imprisonment), s 205L (bonds), s 66H (family dispute resolution certificate, with the exceptions in s 66H(8)). Family Court Rules 2021 (WA) - Part 21 (enforcement of parenting orders, contravention of orders and contempt, rr 432 to 438), r 27 (documents to be filed with the application) and r 121 (special service by hand). Oaths, Affidavits and Statutory Declarations Act 2005 (WA) - remote witnessing requirements.

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This legal matter plan provides a structured workflow for Family Law cases, outlining the standard DISPUTE_LITIGATION process. Utilize these tracking templates to manage your legal cases efficiently.