WA Family Court - Interpreting "As Soon As Practicable"?

[Ironclad]

Long time reader, first time post!

I have some questions regarding the interpretation of the term "as soon as practicable" in Family Court.

Specifically for Interim Parenting Orders, if a parent is ordered to do something "as soon as practicable", such as:

• arrange to attend a parenting course
• make an arrangement to attend an interview with a Childrens Contact Service
• undertake drug screening

How long would they have to comply with such orders?

Is there any precedent / case law I could refer to which specifically fix a time period on the term "as soon as practicable"?

Are there any mitigating circumstances where the parent would have a reasonable excuse to justify that meeting the order wasn't "practicable"?

I would appreciate any assistance!

 

[Rob Legat - SBPL]

You can’t fix a time period, as it depends on the individual situation. It will come down to what is a reasonable time frame in the circumstances. It’s often used when a specific time frame can’t be determined because of an outside factor. The examples you’ve given all depend on getting an appointment with an outside party which may be constrained due to availability or demand. It would be no good to say do it by X, when the service is booked until Y and you can’t possibly comply.

In order to comply you make reasonable efforts without unavoidable delay.

 

[Ironclad]

Thanks for the comment above SBPL. I would like to explore topic more specifically...

Let me describe a hypothetical Order:

"The party is to arrange an appointment with X as soon as practicable."

I would think that any reasonable person would simply look up the contact details for X on Google, and make a phone call to arrange an appointment,
thereby fulfilling the requirements of the order.

So in this scenario, lets say:

• the party didn't bother to make an appointment
• the party doesn't have an illness or other legitimate reason for not arranging an appointment

My question is, in such a scenario, has enough time passed that it is obvious that the party didn't meet the threshold inferred by the phrase "as soon as practicable"?

Thanks,

 

[Rob Legat - SBPL]

How much time has passed?

You'll also need to consider what other orders are going on around that order. Such as: Are subsequent acts dependent on that appointment? Is there a report which needs to be obtained and filed with the court by a particular date?

Courts may be more relaxed about these types of orders in general, but if they're holding up other outcomes - particularly something the court wants - they may be more actively scrutinised.

 

[Ironclad]

Thanks for your reply SBPL you have been very helpful!