Western Australian Consolidated Acts Western Australian Consolidated Acts (1) Where an adoption
order is made in relation to a child —
(a) a
person who is a party to the adoption plan made in relation to the child that
has been approved by the Court; or
(b) a
person who is a party to the adoption, even though —
(i)
the requirement for the person’s consent was
dispensed with; or
(ii)
the person was not a party to the adoption plan made in
relation to the child that has been approved by the Court,
subject to
subsection (2), may apply to the Court at any time before the child
attains 18 years of age, to vary the adoption plan.
(2) An application may
not be made under subsection (1) unless —
(a) the
person referred to in that subsection and the parties to the adoption
plan have participated in a mediation process conducted by the CEO; and
(b) the
CEO has certified that the mediation process has been completed.
(3)
Subsection (2) does not apply in relation to an adoption by a step-parent
or carer.
(4) On an application
under subsection (1), if the Court, after having regard to the wishes of
the parties, is satisfied that —
(a)
there has been a change of circumstances since the adoption plan was approved
by the Court; and
(b) the
proposed variation adequately balances the rights and responsibilities of the
parties mentioned in Schedule 2,
the Court may allow
the provisions of the plan to be varied or a party to be added to the adoption
plan, as the case may be.
(5) An adoption plan
that is varied under this section may be enforced in the manner provided
for by section 72(2).
[Section 76 amended by No. 34 of 2004
s. 251.]