Western Australian Consolidated Acts

PARENTAL SUPPORT AND RESPONSIBILITY ACT 2008 - SECT 19

19 .         Matters the Court must be satisfied of and take into account before making a responsible parenting order

        (1)         The Court must not make a responsible parenting order unless satisfied that —

            (a)         making the order is in the best interests of the child;

            (b)         the parent has refused to enter into a responsible parenting agreement in respect of the child or the parent has not made a reasonable attempt to comply with a responsible parenting agreement in respect of the child;

            (c)         no protection order under the Children and Community Services Act 2004 is in force in respect of the child;

            (d)         no protection proceedings under the Children and Community Services Act 2004 are pending in respect of the child;

            (e)         the parent understands —

                  (i)         the effect of the proposed order and the requirements under it;

                  (ii)         the consequences that may follow if the parent does not comply with the order; and

                  (iii)         that the Court may vary or revoke the order on the application of a party to the proceedings in which the order was made;

                and

            (f)         making the order is desirable in the interests of —

                  (i)         preventing the child repeating the behaviour that gave rise to the application for the order;

                  (ii)         preventing the child committing an offence; or

                  (iii)         ensuring the child attends school.

        (2)         In deciding whether to make a responsible parenting order and the content of it, the Court must take into account —

            (a)         the circumstances of the child’s family and the likely effect on those circumstances of making the proposed order;

            (b)         if relevant — the income of the child’s family, the extent to which that income is derived from income support and any restrictions on the use, or reduction or suspension, of that income under a law of the State or the Commonwealth;

            (c)         whether or not the behaviour of the child that gave rise to the application for the order is the result of a disability or a mental, medical or psychological condition of the child or of a parent of the child;

            (d)         the extent to which the parent has made efforts to manage the behaviour of the child;

            (e)         whether or not the parent has unreasonably refused to enter into a responsible parenting agreement in respect of the child;

            (f)         the extent to which the parent has attempted to comply with a responsible parenting agreement in respect of the child;

            (g)         whether or not the relevant government agency has or agencies have made reasonable efforts to assist and encourage the parent —

                  (i)         to manage the behaviour of the child; and

                  (ii)         to improve his or her parenting skills;

            (h)         the extent to which the relevant government agency has or agencies have given the assistance provided for in any relevant responsible parenting agreement;

                  (i)         whether the necessary facilities, counselling, groups or courses will be available for the parent to comply with the order; and

            (j)         what assistance the relevant government agency or agencies will provide to assist the parent to comply with the order.