What is a parenting or children’s case?
Parenting cases, or child related proceedings are matters where people seek the help of the Court to resolve a dispute about their rights and obligations towards children.
The other party will not let me see the children or restricts the time I spend with the children. Can I file an application immediately?
No, unless there is some urgency or the child is at risk ,you must try to resolve the dispute first by negotiation or mediation.
Before you can begin a child related proceeding you will need to attend compulsory Family Dispute Resolution. If you are unable to do this you should apply to the Court for an exemption, explaining why you cannot.
What if I can’t reach agreement with the other party?
If you cannot reach an agreement through Family Dispute Resolution, or you are unable to participate in family dispute resolution, you may make an application to the Court after you have been issued with a Certificate stating that the parties could not reach agreement.
How do I make an application to the Family Court
You will need to lodge an application at the Family Court of WA registry.
How does the Court decide what Orders to Make?
The Court’s primary concern when resolving or determining family disputes is to work out what is in the best interests of the child or children. This is not always as easy it might sound. The Court takes a very cautious approach towards making any decisions concerning the children. Any allegations of child abuse are usually thoroughly investigated.
What Orders Will the Court Make?
When making a parenting order, the Court must regard the best interests of the child as the paramount consideration. The law concerning parental responsibility changed significantly in 2024. The previous presumption that parents should have equal shared parental responsibility was removed. The Court now determines parental responsibility and decision-making arrangements based on the particular circumstances of the child and family. The Court can make orders providing for joint or sole parental responsibility, including responsibility for making decisions about all or particular major long-term issues affecting the child.
What Does Parental Responsibility Mean?
Parental responsibility means all the duties, powers, responsibilities and authority which parents have in relation to their children. Parents generally have parental responsibility for their children, subject to any parenting orders made by the Court. However, having parental responsibility does not necessarily mean that both parents must make every decision about the child jointly. The Court can make an order providing for parents to have joint decision-making responsibility about particular major long-term issues.