Child Custody (Parenting Orders) in Western Australia
Reviewed by the Commoner Law Editorial Team. Sourced from Commonwealth Acts of Parliament, federal regulations, and official government guidance. State-level information reflects each state's own Acts and court decisions. Written in plain language for general understanding — this is educational content, not legal advice. Our editorial standards
What is this right?
In Australia, child custody is handled through parenting orders under Part VII of the Family Law Act 1975. Every decision about a child must be based on the best interests of the child, which is the paramount consideration (s 60CA).
The court presumes that equal shared parental responsibility is in the child's best interest — meaning both parents share major long-term decisions about education, health, religion, and the child's name (s 61DA). This is not the same as equal time. The presumption does not apply if there is family violence or child abuse (s 61DA(2)).
When deciding how much time a child spends with each parent, the court considers the benefit of a meaningful relationship with both parents and the need to protect the child from harm (s 60CC). The court looks at factors such as the child's views, the nature of the relationship with each parent, practical difficulties with proposed arrangements, and any family violence.
Parents can agree on a parenting plan without going to court, or apply for consent orders to make their agreement legally binding.
When does it apply?
These rules apply when:
- Parents (married, de facto, or otherwise) are separating or in dispute about arrangements for children under 18.
- Grandparents or other relatives may also apply for parenting orders in certain situations.
- You must attempt family dispute resolution (FDR) before filing in court, unless there is family violence or urgency (s 60I).
What to Do If You Are in a Child Custody Dispute in Australia
- Try to agree on a parenting plan — courts prefer parents who cooperate. A parenting plan is a written agreement signed by both parents.
- Attend family dispute resolution before applying to court. You need a s 60I certificate to file.
- Focus on the child's best interests — the court considers the child's wishes (depending on age and maturity), safety, and the benefit of a relationship with both parents.
- Document any safety concerns — if there is family violence or abuse, keep records with dates and details.
- Apply for consent orders if both parents agree — this makes the arrangement legally enforceable.
What should you NOT do?
- Don't withhold a child from the other parent unless there is a genuine and immediate safety concern — this can damage your case.
- Don't assume equal shared parental responsibility means equal time — the court decides time arrangements separately based on what is best for the child.
- Don't coach the child or speak negatively about the other parent — the court takes this seriously.
- Don't breach a parenting order — contravention can result in fines, community service, or even imprisonment (s 70NAE).
How Western Australia differs from federal law
Child custody (parenting orders) in WA is heard by the Family Court of Western Australia — the only state family court in Australia. The best interests of the child is the paramount consideration.
- The Family Court of WA applies the Family Law Act 1975 (Cth) for parenting matters. The 2023 amendments (new list of factors, removal of the presumption of equal shared parental responsibility) apply equally in WA as in other states.
- Before applying to the Family Court, parents must generally attend family dispute resolution (FDR) and obtain a certificate, unless exemptions apply (such as family violence).
- WA's Children and Community Services Act 2004 (WA) governs child protection in WA. The Department of Communities (Child Protection and Family Support) investigates child abuse and neglect. Child protection matters are heard in the Children's Court of WA, not the Family Court.
- WA's Restraining Orders Act 1997 (WA) provides for family violence restraining orders, which the Family Court must consider when making parenting arrangements.
Additional Steps in Western Australia
Attend family dispute resolution first (Family Relationship Centre: 1800 050 321). File parenting applications with the Family Court of WA. For child safety concerns, contact the Department of Communities (1800 622 258). Legal Aid WA provides duty lawyers at the Family Court.
Relevant Law: Family Law Act 1975 (Cth), Part VII; Family Court Act 1997 (WA); Children and Community Services Act 2004 (WA); Restraining Orders Act 1997 (WA)
Common Questions
When does child custody (parenting orders) apply?
These rules apply when:Parents (married, de facto, or otherwise) are separating or in dispute about arrangements for children under 18.Grandparents or other relatives may also apply for parenting orders in certain situations.You must attempt family dispute resolution (FDR) before filing in court, unless there is family violence or urgency (s 60I).
What should I do if I can't agree on child custody arrangements in Australia?
Try to agree on a parenting plan — courts prefer parents who cooperate. A parenting plan is a written agreement signed by both parents.Attend family dispute resolution before applying to court. You need a s 60I certificate to file.Focus on the child's best interests — the court considers the child's wishes (depending on age and maturity), safety, and the benefit of a relationship with both parents.Document any safety concerns — if there is family violence or abuse, keep records with dates and details.Apply for consent orders if both parents agree — this makes the arrangement legally enforceabl...
What mistakes should I avoid with child custody (parenting orders)?
Don't withhold a child from the other parent unless there is a genuine and immediate safety concern — this can damage your case.Don't assume equal shared parental responsibility means equal time — the court decides time arrangements separately based on what is best for the child.Don't coach the child or speak negatively about the other parent — the court takes this seriously.Don't breach a parenting order — contravention can result in fines, community service, or even imprisonment (s 70NAE).
Child Custody (Parenting Orders) in other states
Same topic, different jurisdiction. Pick the one that applies to you.