When making parenting orders under the Family Court Act 1997 (WA), the court may consider the likelihood that a party will voluntarily comply with orders, even where those orders are unenforceable in a foreign jurisdiction. The unenforceability of orders in a foreign jurisdiction is one factor to be weighed against all other considerations relevant to the child's best interests, and insufficient weight given to that factor does not of itself demonstrate that the trial judge's discretion miscarried. Regulation 16(3)(d) of the Family Law (Child Abduction Convention) Regulations 1986 (Cth) has no application to parenting proceedings where the relevant country is not a convention country.
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