An order dismissing an application to vary parenting orders made by a family law magistrate in non-federal jurisdiction under the Family Court Act 1997 (WA) is an interlocutory order, and any appeal lies to the Family Court of Western Australia under s 211 (with leave), not to the Court of Appeal under s 210A. The WA executive government has not exercised the power under s 211(1)(b) to exempt child welfare matters from the leave requirement, creating a disparity with the federal regime. On the Rice and Asplund rule, a circumstance that was within the contemplation of the parties and considered by the court at the time the original parenting orders were made cannot constitute a relevant 'change' justifying relitigation.
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