P v Q

[2026] WASCA 25

Western Australia Court of Appeal

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Interrogate

Catchwords

1. Family Law
2. › Parenting orders
3. › Appeal
4. › Stay of parenting orders pending appeal
5. › No contact orders
6. › Whether interests of justice require stay
7. › Whether best interests of children require restoration of contact
8. › Balance of convenience
1. Practice and Procedure
2. › Stay of proceedings
3. › Stay pending appeal
4. › Parenting orders
5. › Principles governing stay applications
6. › Whether appeal has reasonable prospects of success
7. › Whether stay necessary to preserve effective exercise of appellate jurisdiction

Quick Take

Where a lengthy separation has already occurred, the court may find the additional risk of damage from continued separation pending appeal is limited, reducing the justification for a stay of a no-contact parenting order.

Case Details

Citation[2026] WASCA 25

CourtWASCA

JurisdictionWestern Australia

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Relies on3

2025Dunne (a Pseudonym) v Lloyd (a Pseudonym) [No 2]WASCA 122
2023P v Q [No 2]WASCA 163
2019Lee v Lee; Hsu v RACQ Insurance Limited; Lee v RACQ Insurance LimitedHCA 28
House v RHCA 40

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