Parents can enter into a private child support agreement, either limited or binding. A limited agreement doesn’t require legal advice, while a binding agreement does. These documents allow more flexibility than the government formula but must meet strict legal criteria to be enforceable. The experienced team at Lynn & Brown Lawyers can help you draft or review these agreements to protect your interests.
In Australia, the term “child custody” has been replaced by “parental responsibility” and “parenting arrangements.” These cover who the child lives with, how time is shared, and who makes important decisions. The Family Court focuses on the child’s best interests when determining arrangements, encouraging both parents to remain actively involved in the child’s life. This approach shifts the focus away from parental rights and toward creating stable, child-centred arrangements that foster consistency and emotional security.
In Western Australia, you generally have two years from the date of separation to apply to the Family Court for property settlement or spousal maintenance. It’s best to seek legal advice early to avoid missing this deadline. Putting off asking questions and seeking the right legal support or advice can put both parties in a much more difficult situation, leading to much more difficult conversations.
Parenting arrangements are made based on what’s in the best interests of the child. The court considers factors like the child’s relationship with each parent, safety, and the ability of parents to cooperate. In most cases, the goal is to ensure children have meaningful relationships with both parents, wherever appropriate and safe. Additional considerations may include the child’s views (depending on their age and maturity) and the practicalities of any proposed arrangements.
While you can manage child support through Services Australia, legal advice is strongly recommended especially for private agreements, disputes, or when circumstances change. A qualified child support lawyer in Perth can ensure your arrangement is fair, enforceable, and tailored to your child’s best interests. We help you avoid costly mistakes and protect your rights.
If parents can’t agree, mediation is usually the first step. If mediation fails or isn’t appropriate, the matter may proceed to court. The Family Court will make a decision based on the child’s best interests. Our lawyers can assist with negotiation, represent you in court, and advocate for a fair outcome. It’s important to approach disputes calmly and constructively, as high-conflict cases can cause unnecessary stress for both parents and children.
The court’s main priority is the child’s best interests. It considers the reasons for the move, the impact on the child’s relationship with the other parent, practical arrangements for travel, and the child’s emotional wellbeing. Each case is unique and requires detailed evidence to support the proposed relocation. The court may also look at the relocating parent’s ability to facilitate ongoing contact with the other parent and the proposed living conditions.
Not always. Many parents can agree informally or draft a written parenting plan. However, if there’s conflict or concerns about enforcement, a formal consent order through the Family Court is advisable. Our lawyers can help you decide the best approach based on your situation and ensure the terms are legally sound. A formal agreement gives both parents certainty and is especially helpful if future disagreements or misunderstandings are likely to arise.
Property can be divided in a similar way to a divorce. The Family Court considers each partner’s financial and non-financial contributions and aims for a fair and equitable outcome. It’s important to act quickly after separation, as there are time limits for making a claim. Get in touch with the experienced team at Lynn & Brown Lawyers today.
If you cannot support yourself adequately after separation, and your former partner has the capacity to pay, you may be eligible for spousal maintenance. This depends on factors like your income, health, ability to work, and whether children are involved. All of these factors are considered in achieving an equitable and just outcome for both parties.
While the term “sole custody” is no longer used, a court can grant sole parental responsibility to one parent in certain cases, such as when there are safety concerns, family violence, or high conflict. This means one parent makes all major decisions. Our team can advise you if sole responsibility is appropriate for your case. Even in sole responsibility cases, the court may still order time with the other parent, depending on what is safe and appropria
Generally, yes. De facto couples in WA have similar rights and responsibilities as married couples when it comes to property division, spousal maintenance, and parenting arrangements. However, proving the nature of the relationship can sometimes be complex, and can lead to dispute or confusion. Legal advice can clear the air and provide the clarity and answers you and your partner need.
Yes. Mediation is a confidential process. What is discussed during mediation generally cannot be used in court later, which encourages openness and honest dialogue. This privacy makes mediation a preferred option for many people looking to resolve disputes without public exposure or long-term damage to relationships. Confidentiality also helps create a non-adversarial environment, which is especially important in family matters and ongoing business relationships.
Typically, child support continues until the child turns 18. In some cases, it may continue beyond 18 if the child is still in secondary school or has special needs. Parents can also make financial arrangements to support children after 18 through adult child maintenance applications. Our team of family law lawyers can help with these extended arrangements including advice, drafting and representation.
Yes, but usually only through a formal agreement. The standard child support formula doesn’t automatically include private school fees or extracurricular costs. However, parents can agree to include these costs in a private agreement, or apply to the court for additional financial orders. It’s best to get legal advice on how to structure this properly. There can be a number of grey areas that can cause confusion and raise valid questions at different stages in yours and your children’s lives.
A de facto relationship is one where two people live together as a couple on a genuine domestic basis but are not married. In WA, the Family Court may recognise a relationship as de facto if it lasted at least two years or if there’s a child from the relationship, among other factors. It can be hard to tell what legal bearing your de facto relationship has on both parties, or if you do indeed meet the criteria for a de facto relationship. It’s important to get clarity with trusted experts when questions arise.
You can protect your assets by entering into a Binding Financial Agreement (BFA). This legal document outlines how property and finances will be handled if the relationship ends. It’s essential to have the agreement drafted and reviewed by an experienced family lawyer to ensure it’s legally enforceable. Our team of experts always approaches such documents with sensitivity and care.
If payments stop, you can contact and ask Services Australia to enforce the assessment or agreement. They have powers to collect unpaid support through wage deductions, tax returns, and other methods. Legal advice such as that provided by the team at Lynn & Brown may also help you recover unpaid amounts or negotiate a new agreement if your situation has changed.
Child support is calculated using a formula set by Services Australia. It considers both parents’ incomes, the percentage of time each parent cares for the child, and the number of children. This formula aims to ensure both parents contribute fairly to the costs of raising their children. Private agreements can also be made, but they should be documented properly with the guidance and expertise of legal experts.
Yes. Parenting arrangements can be changed if circumstances significantly change—such as relocation, changes in the child’s needs, or safety concerns. Ideally, changes are made by agreement between parents, but court orders can also be varied. Legal advice ensures any updates are appropriate, enforceable, and in your child’s best interests. Having updated arrangements in writing helps avoid confusion and ensures both parents understand their responsibilities as circumstances evolve.