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 2 Application - Contravention and the supporting FCWA Affidavit. Draft the WA-specific Genuine Steps Certificate. File the complete package electronically via the eCourts Portal WA. Retrieve the sealed documents, arrange personal service on the respondent at least 7 clear days before the court event, and represent the applicant at the first return date before an FCWA registrar or magistrate.

Key Legislation and Case Law: Family Court Act 1997 (WA) - Part 5A (de facto relationships), Part 5, Division 13 (enforcement and contraventions of parenting orders), s 205ZA (contravention definitions), s 205ZB (reasonable excuse), s 205ZC (powers of court on contravention, including make-up time and bonds), s 205ZD (remedial orders on balance of probabilities), s 205ZE (punitive orders beyond reasonable doubt), s 66H (mandatory dispute resolution certificate and exemptions). Family Court Rules 2021 (WA) - Part 11 (enforcement procedures). 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.