WA Family Law Proceedings - What Happens if Both Parties Discontinue?

Australia's #1 for Law
Join 150,000 Australians every month. Ask a question, respond to a question and better understand the law today!
FREE - Join Now

Freeatlast

Well-Known Member
7 January 2015
15
1
71
Regarding children's matters. What happens if both parties discontinue proceedings. Do the interim orders become final family court orders?
 

AllForHer

Well-Known Member
23 July 2014
3,664
684
2,894
No, I think they just withdraw all orders and all files associated with your case. Basically, back to the way it was before court intervention, and you can make your own arrangements.
 

Freeatlast

Well-Known Member
7 January 2015
15
1
71
Ok. Does it make a difference if the current orders are consent orders? Haha at making our own arrangements. That's why we're in court in the first place.
 

AllForHer

Well-Known Member
23 July 2014
3,664
684
2,894
I'm not sure if they're consent orders, but I think you can apply to have your consent orders made into final orders at the time that you discontinue. You might want to call the registry for more information.
 

AllForHer

Well-Known Member
23 July 2014
3,664
684
2,894
Sorry, I wasn't clear about that bit - I meant, "I'm not sure what happens if you discontinue when consent orders are in place". :)

Good luck with the registry, and let us know what they way - it'll be good know-how for others on this forum.