AK v V

[2021] WASCA 31

Western Australia Court of Appeal

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Interrogate

Catchwords

1. Family Law
2. › Parenting orders
3. › Interim orders
4. › Variation of final orders
5. › Power to vary under s 89(2)
6. › Whether power exists absent contravention proceedings under s 205G
7. › Family Court Act 1997 (WA), ss 89(1), 89(2), 205G
1. Family Law
2. › Parenting orders
3. › Interim orders
4. › Factual findings at interim hearings
5. › Degree of circumspection required
6. › Whether finding that mother encouraged deterioration in child's behaviour was appropriate interim finding
1. Family Law
2. › Parenting orders
3. › Best interests of child
4. › Supervised contact
5. › Whether restriction of contact to supervised visits was necessary
6. › Family Court Act 1997 (WA), ss 66A, 66C
1. Appeal
2. › Standard of appellate review
3. › Discretionary parenting orders
4. › Whether discretion miscarried
5. › House v The King principles
6. › Whether proposed ground of appeal properly formulated

Quick Take

The Family Court of Western Australia has power under s 89(2) of the Family Court Act 1997 (WA) to vary final parenting orders without the need for contravention proceedings under s 205G, and s 205G(3) confirms that the power under s 205G(1) does not derogate from s 89(2). Interim findings in parenting proceedings need not amount to final credit findings but must reflect appropriate circumspection, weighing the probabilities of competing claims. A party who fails to object to evidence or seek recusal at first instance will be taken to have waived those issues on appeal. An appeal from the Family Court to the Court of Appeal must be commenced within the time prescribed by r 26 of the Supreme Court (Court of Appeal) Rules 2005 (WA).