If you and the other parent have separated, or are about to, you probably have a long list of questions. Where will the children live? How will school holidays work? What happens if you cannot agree? The lawyers at Hoe Lawyers are here to explain your options in plain language and to help you move towards arrangements that work for your children.
Some families settle their parenting arrangements through talking, mediation and a written agreement. Others need formal parenting orders from the family courts, under the Family Law Act 1975 and, in Western Australia, the Family Court Act 1997 (WA). Either way, you do not have to work through it alone. We can advise on the process, help you negotiate, and act for you if a court application becomes necessary. Our wider family law services are available if your matter involves more than children.
What “Child Custody” Means Under Australian Law
Parenting orders, not custody orders
“Custody” is the everyday word, but family law speaks of parenting arrangements: who a child lives with, who they spend time with and how they communicate with each parent. When these are formalised by a court they are set out in parenting orders. When parents agree, the arrangement is often recorded in a parenting plan or turned into consent orders.
Whatever the label, the best interests of the child are the main consideration, and every family’s facts are different, so no result can be promised in advance. Our guide to child custody and parenting orders in WA explains more. A lawyer will usually start by explaining this vocabulary.
Child Custody Lawyers Perth: How We Can Help
Every family is at a different stage when they call. Some have a rough plan that needs to be made official. Others are in dispute or are worried about an existing order. Our lawyers can assist with:
- advice on your rights, responsibilities and realistic options
- negotiating parenting arrangements with the other parent or their lawyer
- preparing parenting plans and consent orders
- court applications and responses in the family courts
- changing or enforcing existing parenting orders
Advice and planning
A first conversation with one of our lawyers is often about getting a clear picture. We listen to your situation, explain how family law applies, and talk through the options, from an informal agreement to a court application. You leave knowing what the next step is.
Negotiation and mediation
Most parents prefer to reach agreement without a trial. We can help you prepare for family dispute resolution, negotiate with the other side, and keep discussions focused on what the children need rather than on the argument between adults.
Consent orders and parenting plans
A parenting plan is a written agreement, but it is not enforceable in the same way as a court order. If you want your agreement to carry the weight of an order without a contested hearing, we can prepare and file consent orders for the court to consider.
Court applications
If agreement is not possible, or the matter is urgent, a child custody lawyer can prepare an application to the family courts, or respond to one that has been filed against you. We explain each stage, what is expected of you, and the likely costs before you decide how to proceed.
Why Families Choose Hoe Lawyers
Free 30-minute initial consultation
Talk through your situation with a lawyer before you commit to anything. Book online or call 08 6244 5234.
Transparent costs
We offer a costs quote, with the option of fixing costs, so you can plan for what lies ahead.
Clear, plain-language advice
Comprehensive advice and assistance in both verbal and written form, without unnecessary legal jargon.
Child-focused approach
Responsive and appropriate legal action that keeps the best interests of your child at the centre.
Office in East Perth
Meet us at 200 Adelaide Terrace, East Perth WA 6004 to discuss your parenting matter in person.
Parenting Arrangements Step by Step
Every case is different, but most parenting matters follow a similar path. Here is how it usually works when you engage a child custody lawyer.
- Initial consultation. You tell us what has happened, what you want for your children and any urgent concerns. We explain your options and the likely next steps.
- Gather information. We identify the facts that matter, such as current living and school arrangements, work commitments, and any existing orders or agreements.
- Try to reach agreement. This may involve direct negotiation, correspondence between lawyers, or family dispute resolution (mediation) with an independent practitioner.
- Record the agreement. If you reach agreement, we can document it as a parenting plan or draft consent orders so the arrangements are clear.
- Apply to the court if needed. Where agreement is not possible, we prepare the application to the family courts and guide you through the court process.
- Review as children grow. Children’s needs change. We can advise if arrangements need to be reviewed or an existing order needs to be changed or enforced.
Before most parenting applications can be filed, parents are generally required to attempt family dispute resolution and obtain a certificate, unless an exception applies, such as family violence or urgency. We can tell you whether that requirement applies to your situation. For a wider overview of orders and agreements in this state, read our guide to child custody and parenting orders in WA.
Common Situations Our Child Custody Lawyers Perth Team Handles
Family law child custody matters vary widely. Some end with court orders, while others are settled by agreement. These are common situations.
Shared time and 50-50 requests
Many parents ask for equal time. Every case turns on what suits the child, including their age, routine, safety and relationship with each parent. Equal time can be right for some families and unworkable for others, and a child custody lawyer can help you test what is realistic.
Major decisions about the child
Disputes often arise over schooling, medical treatment or religion. Parenting orders can say who makes which decisions, or require parents to decide together.
Relocation
If one parent wants to move interstate or overseas with a child, the other parent’s time with the child is affected. Moving without agreement or an order can create serious problems. Speak to a child custody lawyer for clear advice before you plan a move.
Changing existing orders
Circumstances change, such as a new job, a move, or a child’s changing needs. Parents can agree to change an order by consent, or apply to the court. Courts do not revisit final orders lightly, so the reasons for change matter.
Breach of parenting orders
If the other parent is not following the orders, you have options, from raising it in writing to filing an application about the contravention. The court considers whether a breach was deliberate and whether there was a reasonable excuse.
Grandparents and other carers
Grandparents and others concerned with a child’s care, welfare or development can apply for parenting orders. The same child-focused test applies.
Child custody and divorce
Divorce ends a marriage, but it does not decide parenting arrangements. Children’s matters are dealt with separately, and you do not need to be divorced to apply for parenting orders. If you are also considering divorce, see our page on divorce and separation, which covers that side of the process.
Property and financial arrangements
Parenting arrangements are separate from how property and finances are divided after separation. If you also need to formalise a property or financial agreement, see our page on binding financial agreements.
Child support and urgent recovery orders
These are separate from parenting arrangements, so raise them in your first consultation and we will explain what we can help with.
Urgent or Unsafe Situation?
If you or your child are in immediate danger, call 000.
If you have safety concerns, or you fear a child may be removed or not returned, call us on 08 6244 5234 as soon as you can. Family violence and child safety are important considerations in parenting matters, and urgent applications may be possible in some cases. Speak to a child custody lawyer at Hoe Lawyers who can explain the options in a calm, practical way.
Child Custody Lawyers Perth: Your Questions Answered
What does child custody mean in Australia today?
“Custody” is an everyday word rather than a legal term. Under the Family Law Act 1975 and, in Western Australia, the Family Court Act 1997 (WA), the focus is on parenting arrangements: who a child lives with, spends time with and communicates with. These are set out in parenting orders or agreed arrangements.
Do I need a lawyer or the court to put parenting arrangements in place?
Not always. Many parents agree arrangements through discussion, mediation or negotiation between lawyers, and record them in a parenting plan. If you want something enforceable, consent orders can be made by the court, and parenting orders suit situations involving conflict or safety concerns. A child custody lawyer can advise which suits you.
How is time with each parent decided?
Parents can agree. If they cannot, the court decides, and the best interests of the child are the main consideration. It considers the child’s relationships, needs, routine and, where appropriate, their views.
Does 50-50 care happen automatically?
Not automatically. Equal or substantial time may be agreed or ordered where it suits the child and is workable for the family, but each case turns on its own facts.
Can I change an existing parenting order?
Yes, in some circumstances. Parents can agree to a change and formalise it through new consent orders. Without agreement, you can apply to the court, which usually expects a good reason, such as a significant change in circumstances. Seek advice first.
What if the other parent does not follow the order?
Keep a record of what has happened and get legal advice. Options range from a written request to comply, to dispute resolution, to a court application about the contravention. A breach with a reasonable excuse is treated differently from a deliberate one.
Can I move interstate or overseas with my child?
Moving with a child affects the other parent’s relationship with them. If there are orders or the other parent does not agree, you will usually need agreement or court approval first. Speak to a lawyer before making plans or telling the child.
Can grandparents apply for parenting orders?
A grandparent or another person concerned with a child’s care, welfare or development can apply for parenting orders. The court applies the same best interests test. Whether an application is suitable depends on your circumstances.
How does family violence affect parenting arrangements?
Family violence and child safety are very important considerations in parenting matters. They can affect how much time a child spends with a parent, whether time is supervised, and how handovers and communication occur. If you are not safe, call 000 or contact us urgently.
How does mediation work and is it required first?
Family dispute resolution is a confidential process where an independent practitioner helps parents try to reach agreement. Before filing most parenting applications, a certificate from a practitioner is generally needed, unless an exception applies, such as family violence or urgency.
How much do child custody lawyers in Perth cost at Hoe Lawyers?
Your first 30-minute consultation is free. We then provide a costs quote and can offer the option of fixing costs, so you know what to expect. Contact us on 08 6244 5234 or at legaladvice@hoelawyers.com.au to talk through your situation with our team.
Related Family Law Help
Book Your Free 30-Minute Consultation
Speak to child custody lawyers Perth parents can book directly. Schedule a 30-minute free initial consultation with Hoe Lawyers today by calling 08 6244 5234 or emailing legaladvice@hoelawyers.com.au. You can also visit us at 200 Adelaide Terrace, East Perth, Western Australia 6004.
Hoe Lawyers is committed to satisfying its clients through:
- Affordable legal services with transparency in costs and the option of fixing costs with a Costs Quote.
- Comprehensive and clear legal advice and assistance in both verbal and written forms.
- Responsive and appropriate legal action to always serve your best interests.
