Are you a separated parent worried about child custody in WA? You’re not alone.
When families split, sorting out who the children live with and how decisions are made can be overwhelming. In Western Australia, the Family Court uses parenting orders, not the old term “custody”, to decide these issues.
Need clear guidance on parenting orders in WA?
This legal guide explains what parenting orders are, how courts decide them, the mediation and filing steps, typical timelines, urgent recovery options and when to get expert family-law help.
So, keep reading to learn how to protect your child’s best interests and navigate parenting disputes in WA.
What is a parenting order in WA?
A parenting order is a court decision which outlines parental responsibilities in the child’s best interests.
The topics covered by a parenting order can be:
- who the child will live with
- how much time the child spends with each parent (and others like grandparents)
- how the child will manage to communicate with the parent they do not live with
- who makes major life decisions for the child
- any other care, welfare or development issues
For example, a parenting order might say the child lives primarily with Mum, spends alternate weekends with Dad, and that both parents must consult on schooling.
The order can even address relocation of the child.
Most couples try to reach their own parenting agreement outside court. Only a small percentage end up in court. But if parents can’t agree, the court will step in. A parenting order is legally enforceable (unlike an informal plan). Failing to follow it can have serious consequences.
Key terms:
- Consent order: A court-approved version of your parenting agreement (legally binding).
- Parenting plan: A voluntary, written agreement made by parents (non-binding).
- Parental responsibility: The legal authority to make major decisions (education, health, etc.) for the child.
- Contravention: Breaking or disobeying a parenting order (can lead to court enforcement).
For more on our family law services, see our Family Law page.
How to apply for parenting orders in Perth, WA
To apply for parenting orders in WA you normally must first attempt Family Dispute Resolution and obtain a Section 60I (or WA-equivalent) certificate unless you qualify for an exemption (for example, family violence or urgent risk). If you still cannot agree, you file an Initiating Application with a Case Information Affidavit asking the Court to make parenting orders.
1. Try Family Dispute Resolution (FDR) first
Before most parenting matters can be heard, the Court expects parents to make a genuine attempt at Family Dispute Resolution (mediation) and to provide the FDR/Section 60I certificate with any court application.
Exemptions are available where FDR would be unsafe or inappropriate (for example, in cases of family violence or immediate risk). If you’re unsure whether you qualify for an exemption, get legal advice before filing.
2. Forms & documents you’ll need
- Initiating Application (Form 1) — sets out the orders you’re asking the Court to make (living arrangements, time, decision-making, relocation, etc.).
- Case Information Affidavit — your sworn statement of facts (care history, proposed arrangements, any family violence history and supporting facts).
- FDR / Section 60I certificate (or written exemption affidavit) — proof you attempted mediation, or the reason you could not.
- Interim orders application (if you need short-term relief while the case proceeds).
- Supporting evidence — school/medical records, handover logs, police or child protection records, text/email exchanges and any other documents that support your case.
3. How to file and serve
- Filing: Where available, file electronically using the Commonwealth Courts Portal; otherwise, lodge documents at the court registry. Ensure you follow the court’s filing checklist so your application isn’t delayed.
- Serving: After filing you must serve copies on the other parent in an approved way (personal service or other court-permitted methods). Keep proof of service for the court.
Before filing, you usually need a Section 60I certificate > read Family Relationships’ guidance on ‘family mediation and Section 60I certificate’.
4. What happens after you file
After filing, the Court will usually list a first court event (directions or case management) to set the timetable, consider interim orders and encourage dispute resolution. Cases that remain contested will progress through directions hearings to a final hearing where evidence is presented and the judge makes final parenting orders. Timelines vary depending on urgency and complexity.
Practical tips
- Get the FDR certificate at the end of your mediation session; practitioners will issue this.
- Label and paginate exhibits in your affidavit for easier court reading.
- If the child has been taken or is at immediate risk, seek urgent recovery or emergency orders as these follow a different (expedited) path and do not require FDR.
Need help?
If you’d like assistance preparing the Initiating Application, drafting the Case Information Affidavit, or applying for urgent recovery/contravention orders in Perth, Hoe Lawyers can help. Contact us for a no-obligation consultation.
What’s the Difference Between Parenting Plans and Consent Orders
Parents who get along can make a parenting plan themselves.
A parenting plan is a written record of your agreement, signed and dated by both parents. It covers where the child lives, time with each parent, decision-making, and so on. It’s flexible (you can change it if both agree) and cheaper than court. However, it is not legally enforceable.
Conversely, a consent order, is a parenting agreement that you have formalised through the Family Court. Both parents sign the agreement and apply to the court to “consent” to it. Once approved, the consent order becomes a legally binding court order. This gives it legal force. If a parent disobeys a consent order, the other parent can ask the court to enforce it.
In short, parenting plans are informal and cheap but non-binding, while consent orders are formal and enforceable.
Common Parenting Orders in WA Explained
Below are the common types of parenting orders you’ll see in Western Australia and what they mean in practice.
- Joint parental responsibility
A joint parental responsibility order means both parents share decision-making about major long-term issues for the child (education, health, religion). But note that joint parental responsibility does not automatically mean equal time. The court can make parents joint decision-makers while the child primarily lives with one parent.
- Shared parenting arrangement
A shared-care order allocates the child’s time between both parents. Typical patterns include alternating weeks, a night-split, or detailed weekend/holiday schedules. Shared-time orders should expressly cover handovers, school-term arrangements and holidays to reduce conflict.
Example: The child lives with Parent A one week, Parent B the next; school holidays are alternated as described in the order.
- Sole parental responsibility / primary residence (“live with”)
A sole parental responsibility or “live with” order gives one parent primary day-to-day care and decision-making for the child. The non-resident parent may still be awarded time (supervised or unsupervised) unless the court limits contact for safety reasons.
Courts commonly order sole responsibility where there are serious safety concerns such as family violence.
- Specific-issue orders
These resolve one-off or limited disputes about particular decisions. For example, who decides on schooling, medical treatment, or whether the child may travel interstate or overseas. Specific-issue orders are useful where parents agree on most matters but disagree on particular issues.
Sample clause: Mother shall have sole decision-making responsibility for the child’s medical treatment and schooling.
Relocation & travel restrictions
Parenting orders can include conditions about moving a child interstate or overseas. If a parent relocates a child without consent or a court order, the court may order the child’s return and can grant injunctions or place the child on a watchlist. If you propose a long-term move, seek court orders beforehand.
How orders are written
Orders normally include a schedule setting out who the child lives with and a clear time-table (often labelled “Schedule A: Parenting arrangements”).
Example time clause:
“The child will live with Parent A in Perth and will spend every second weekend from Friday 6:00pm to Sunday 6:00pm with Parent B, with school-term and holiday arrangements as set out in Schedule A.”
How Family Courts Decide Parenting Orders in WA: Best-Interest Principles
Family courts decide parenting orders by reference to the objects and principles in the Family Law Act and by putting the ‘best interests of the child’ first.
The key principles applied by the family courts when making parenting orders are:
- Children have the right to know and be cared for by both their parents.
- Children have the right to spend time with, and communicate regularly with, both parents and other people significant to their care.
- Parents jointly share duties and responsibilities concerning the care, welfare and development of their children.
- Parents should, where possible, agree about the future parenting of their children.
- Children have a right to enjoy their culture.
Best interests remain the paramount consideration
Above all, the court must treat the best interests of the child as the primary consideration. The Family Law Act sets out primary and additional factors the court uses to determine what that means in each case; most importantly the benefit of a meaningful relationship with each parent (if safe) and the need to protect the child from harm.
What if a Parenting Order is Breached (Contravention & Enforcement)
If parenting orders are breached, you can try resolving the issue through communication or Family Dispute Resolution (FDR). If that fails, apply to the court for an enforcement or contravention application.
So, parents have several steps under WA law:
1. Try to Resolve Informally – Often a polite reminder or mediated discussion can fix misunderstandings. If that fails, put your concerns in writing (e.g. a letter or email) to the other parent, noting the specific breach.
2. Apply to Enforce or Contravene – You can go back to court. There are two main options:
Enforcement Application: Ask the court to enforce the existing order (e.g. order the other parent to “make up” lost time). The court can also remind the other parent of their obligations or modify future arrangements. But it cannot punish them on an enforcement application alone.
Contravention Application: File an application – Contravention in the Federal Circuit Court. This requires an affidavit listing each breach (with dates, times, evidence) and the court can impose penalties.
Remedies include ordering “make-up” time for the left-behind parent, awarding legal costs, or even fining or jailing the breaching parent in extreme cases.
3. Urgent Recovery (if child is taken) – If the other parent has taken the child in violation of orders, you can apply for a Recovery Order. This is an urgent court order authorising police (usually after hours) to find and return your child. Before applying, the court expects you to have attempted contacting the other parent to get the child back (unless it wasn’t safe to do so). Recovery orders require demonstrating the child is at risk or being wrongfully kept.
In all cases, legal advice is strongly recommended. Many family lawyers, including our child custody lawyers in Perth, handle urgent contravention matters for a fixed fee to ensure immediate relief.
Need child custody, sole custody or parenting orders lawyers in Perth?
Contact Hoe Lawyers – Perth’s Family Law Experts
At Hoe Lawyers, our parenting order lawyers are dedicated to helping local families with parenting orders and agreements. We offer fixed-fee packages for common family law tasks – for example, drafting and filing consent orders, or urgent contravention applications, so you know the price upfront.
Our family lawyers in Perth have courtroom experience across the Magistrates, District, Supreme, and Federal Courts. We provide friendly, expert legal support every step of the way.
Ready to protect your children’s future?
Call at 08 6244 5234 | Book a no-obligation consultation
FAQs About Parenting Orders in WA
1. What is the difference between a parenting order and a custody order?
A parenting order is the Court’s legal direction about who a child lives with, how much time they spend with each parent and who makes major decisions. Custody defines who has the right to make decisions for the child. Note that the word ‘custody’ is outdated in Australian family law. Courts prefer terms like live with, spend time with and parental responsibility.
2. What is the difference between a parenting plan and parenting orders in WA?
A parenting plan is a private, written agreement between parents. It is flexible but not legally enforceable. Parenting orders (including consent orders) are made or approved by the Court and are legally binding and enforceable.
3. What are the child custody laws in Australia?
Australian law does not use the term “custody.” Family courts make parenting orders under the Family Law Act, always prioritising the child’s best interests when deciding living arrangements, time and parental responsibility.
4. What does “best interests of the child” mean?
The court’s primary test is the child’s best interests: safety, welfare and development. Judges weigh factors such as meaningful relationships with parents, protection from harm, the child’s views (if appropriate) and cultural needs.
5. Can I get sole custody in Perth?
Courts don’t award “custody” per se, but they can make a live with order giving one parent primary residence and, where justified, sole parental responsibility. The court will only do so if it is in the child’s best interests. For example, where safety concerns exist.
6. How do I apply for parenting orders in WA?
Usually, you must first attempt Family Dispute Resolution (FDR) and obtain a Section 60I FDR certificate (unless exempt). If you can’t agree, file an Initiating Application + Case Information Affidavit with the Court, serve the other parent and attend the first court event (directions hearing).
7. Do I need a lawyer for parenting orders in Perth?
Generally, no, you can self-represent. But family law is complex. A specialist family lawyer can advise on strategy, draft affidavits and consent orders, represent you in court and help with urgent or contravention matters.
8. What do parenting orders cost in Perth?
Court filing fees vary and change periodically. As a guide, filing fees for parenting applications were $435–$585 as at 1 July 2025. Always check the Court’s current fee schedule and ask your lawyer for a clear cost estimate.
9. How long does a parenting order application take in WA?
Timelines vary. Straightforward consent orders can be finalised in a few weeks, while contested parenting matters can take 6–12+ months, depending on complexity and whether expert reports are needed.
10. What happens if the other parent refuses mediation?
You must usually attempt FDR unless an exemption applies (family violence, risk, etc.). If the other parent refuses to participate, you can generally obtain an FDR certificate after demonstrating you tried and then proceed to court. Seek legal advice if safety issues are involved.
11. Can parenting orders include child support arrangements?
Generally, no. Parenting orders cover care and time. Child support is handled separately by the Child Support Agency (CSA) or by separate financial orders. However, parents can include financial arrangements in separate court applications.
12. Who is most likely to win the custody of a child?
WA courts use gender-neutral criteria. There’s no automatic preference for mothers or fathers. Judges decide based on the child’s best interests, considering emotional bonds, each parent’s ability to meet the child’s needs, stability, safety and any history of family violence.