Government of Western Australia State Coat of Arms
Children's Court of Western Australia
Government of Western Australia State Coat of Arms
Children's Court of Western Australia

Practice Direction 1 of 2015 - Use of Children's Court Documents in the Family Court of Western Australia

Preamble

Proceedings for protection orders under the Children and Community Services Act 2004 in the Children's Court of Western Australia are sometimes concurrent with, or followed by, proceedings in the Family Court of Western Australia for parenting orders and/or protection orders, with respect to the same child.

Until now, evidence filed in, or documents produced for the Children's Court of Western Australia proceedings, could not be used in the Family Court of Western Australia without leave being granted by the Children's Court of Western Australia.

It is in the best interests of children for there to be a proper and efficient exchange of documentation between the Children's Court of Western Australia and Family Court of Western Australia in such circumstances.

Practice Direction

  1. Where parenting order proceedings or protection order proceedings have been commenced in the Family Court of Western Australia and involve the same child as in protection proceedings in the Children's Court of Western Australia, then the leave of the Children's Court of Western Australia is taken as given for the following documentation filed with, or received into evidence in, the Children's Court of Western Australia, namely:
    1. affidavits;
    2. reports under s 139 of the Children and Community Services Act 2004, and if not written, then a record of it as otherwise directed;
    3. documents; and
    4. proposals under s 143 of the Children and Community Services Act 2004, to be provided as evidence in the proceedings in the Family Court of Western Australia.
  2. If, in relation to protection proceedings in the Children's Court of Western Australia, subpoenaed documents have been received by the Children's Court of Western Australia Registry, and protection proceedings involving the same child have been commenced and are continuing in the Family Court of Western Australia rather than the Children's Court of Western Australia, then upon request, the Registry of the Children's Court of Western Australia shall forward a copy of the subpoena, and the subpoenaed documents, to the Registry of the Family Court of Western Australia for the purpose of the protection proceedings in that Court, and the Registry of the Children's Court of Western Australia shall inform the Respondent to the subpoena accordingly.
  3. This practice direction:
    1. is subject to any order of the Children's Court of Western Australia;
    2. does not impact at all on the question of the admissibility into evidence by the Family Court of Western Australia of any of the material referred to in paragraph 1; and
    3. is effective immediately.

Dated this 11th day of February 2015.


Judge D J Reynolds

President of the Children's Court of Western Australia


Last updated: 2 March 2023

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