Legal Project Management Plan & Checklist
Purpose of this Guide: Use this fork when representing an applicant seeking to enforce parenting orders in Western Australia where the parties were in a de facto relationship. Because de facto relationships in Western Australia do not fall under federal jurisdiction, they are governed by state legislation and must be initiated in the Family Court of Western Australia. This fork guides the practitioner through the WA-specific filing and compliance procedures. Verify current guidelines on the official WA Legislation.
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. Verify current guidelines on the official WA Legislation.
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. Verify current guidelines on the official WA Legislation. Access services via the WA Courts.
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.
* Disclaimer: We're nobody's lawyer, because we aren't lawyers. You are, so you know better than to take legal advice from an app. We also aren't accountants or dog trainers - just digital spirit guides taking zero liability for any of this. This site exists to gather the collective knowledge of practitioners like you. Verify everything and submit your feedback on the Parenting Order Contravention Application (Applicant) - De Facto Relationship in Western Australia (FCWA) Pathway matter plan to improve the playbook. THIS IS NOT LEGAL ADVICE, it's a request for input.
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.
Verify all prerequisite documentation has been obtained, cross-reference against the statutory requirements for this matter type, and confirm compliance with practice direction protocols.
Prepare the relevant forms and supporting materials required under the applicable legislation, ensuring all mandatory fields are completed and all attachments are properly certified.
Draft and dispatch formal correspondence addressing the procedural requirements at this stage, including any required notices, requests for information, or proposals for resolution.
Coordinate the collection and review of all financial documentation required for disclosure, including statements, valuations, and supporting schedules as mandated by the rules.
Conduct a thorough review of all filed materials to ensure compliance with court requirements, verify service obligations have been met, and prepare for the next procedural milestone.
Assess the strategic considerations for interim applications, prepare supporting evidence, and draft the necessary documentation for urgent or time-sensitive relief sought.
Verify all prerequisite documentation has been obtained, cross-reference against the statutory requirements for this matter type, and confirm compliance with practice direction protocols.