It is not an easy task for an individual to find their new way of life post-separation from an unplanned breakdown of their relationship from a (once upon a time) significant other. It is hard enough negotiating with that (in)significant other, not to mention the level of complexity children bring to the already “not so easy” situation. Now, imagine the complexity of such situation being further complicated by the everchanging nature of family law and the legislation that governs Family Law in Western Australia.
It is inevitably unavoidable that parents will have to make arrangements for the child(ren) resulting from a relationship which has irretrievably broken down. However, it may assist if you familiarise yourself with the most recent legislative changes regarding parenting and how you can bring an application at the Family Court of Western Australia, if negotiations fail.
In light of the legislative changes to the Family Law Act 1975 (“FLA”) (commenced on 6 May 2024) and the Family Court Act 1997 (WA) (“FCA”) (through the passage of the Family Court Amendment (Commonwealth Reforms) Bill 2024), which came into effect on 10 December 2024 in Western Australia), the following information should be considered when deciding what is in the best interest of the child(ren) when making arrangements for them.
Prior to the changes to the FLA (which applies to children of married couples) and the FCA (which applies to children of couples who haven’t been married to each other), there was a presumption of “equal shared parental responsibility” whereby the court presumed that both parents had an equal say and would jointly make decisions regarding major long-term issues involving the child(ren). These include issues relating to the child’s education, religious and cultural upbringing, medical needs and name.
This presumption was removed with the changes on 6 May 2024 AND 10 December 2024. However, the court can still make orders for equal parental responsibility if the court believes it is in the child or children’s best interest.
What do you need to know?
Have you made a genuine attempt to resolve?
To bring an application for parenting arrangements in the Family Court of Western Australia, the Court would expect parties to make a genuine attempt to resolve parenting through the assistance of Family Dispute Resolution (“FDR”) or mediation. In limited situations FDR or mediation may be bypassed (i.e. where there are safety concerns for either party or the child(ren) or matters of urgency).
Nevertheless, if FDR or mediation is successful, happy days! If not, the family dispute practitioner / mediator will render you a certificate being a section 66H Certificate (de facto) or a 60I Certificate (married couples). This is your ticket to commence Family Court proceedings. Do not be discouraged, if you do not reach an agreement at FDR or mediation as the process still helps to narrow down the remaining parenting issues whilst resolving others in many instances.
How to apply to the Family Court for parenting?
The documents you require can be found on the Family Court of Western Australia website.
The court documents you require to file through the eCourts Portal to initiate proceedings are as follows:
- Form 1 Initiating Application – this is where you seek your parenting orders for your child(ren) in the interim (during the course of the proceedings) and on a final basis (after the court proceedings are finalised) or just on a final basis;
- Form NP3 Case Information Affidavit – details the personal information of the parties and child(ren) involved, the details of the relationship regarding parentings and other concerns related thereto. This is a sworn documents and information should be truthful and to the best of your knowledge;
- Section 66H Certificate (de facto) or a 60I Certificate (married couples) or an Exemption Form (if applicable) – certificates rendered post FDR or mediation to demonstrate to the court the parties attempt or lack of attempt in resolving parenting matters; and
- Form 4 Notice of Child Abuse or Family Violence (if applicable) – this assists the court in identifying the risk, allegations or established cases of family violence and will assist the court in determining what orders may be appropriate. This is only required if there are concerns regarding family violence.
ALL I WANT FOR CHRISTMAS is to spend it with my child(ren)!
Christmas is around the corner and seeking orders that the child(ren) spend time with you during the Christmas school holidays may be of importance to you. Under rule 78 of the Family Court Rules 2021 (“FCR”), the applicant parent seeking orders in relation to the whole or part of the Christmas school holidays must do so prior to 4pm on the 2nd Friday in November of that year. This year (2025), that date is 14 November 2025.
If the application is not filed prior to the deadline, this will minimise your chances of having time ordered for that Christmas period. Therefore, ensure that you are ready with your wish list, to be filed on time.
What to consider when planning for the Christmas school holidays?
- Please see the link to our article “Christmas for Separated Parents – 10 Top Tips”
If you or someone you know wants to ensure proper arrangements are in place for their children for the Christmas/summer school holidays period – or for any other time of year – please make a time to see one of our five Family Lawyers, you can contact us through our website www.lynnandbrown.com.au or by calling 08 9375 3411.
About the Author: This article is authored by Jacqueline Brown & Asja Mustapha
