Parenting Orders in Western Australia: How They Work

A parenting order is a legally binding court decision that dictates who your children live with, when they spend time with each parent, and who makes major decisions about their upbringing. Unlike a parenting plan (which is a private agreement), a parenting order carries the full force of law — breach it and you face contravention proceedings, fines, or even imprisonment.

Western Australia operates its own state family court, separate from the federal system used everywhere else in Australia. This means WA-specific procedures, forms, and timelines apply.

What Parenting Orders Cover

The Family Court of Western Australia can make orders about:

• Who the child lives with — the primary residence arrangement
• Time with other parent — the schedule for weekdays, weekends, school holidays, and special occasions
• Communication — phone, video, or messaging contact when the child is with the other parent
• Parental responsibility — who makes major long-term decisions about education, health, religion, and relocation
• Specific issues — things like passport applications, interstate travel, or which school the child attends

Since the 2024 reforms (effective February 2025 for de facto couples in WA), there is no automatic presumption of equal shared parental responsibility. The court assesses each family individually against six best-interests factors, with child safety as the primary consideration.

Two Paths to Parenting Orders

Consent Orders (You Agree)

If you and your co-parent reach agreement — through mediation, negotiation, or just talking it through — you can formalise it as a consent order. This requires:

1. Completing Form 11 (Application for Consent Orders)
2. Drafting a Minute of Consent Orders with the exact terms
3. Both parties signing before an authorised witness on the same day
4. Filing electronically via the WA eCourts Portal within 90 days of signing
5. Filing fee: A$215 (2026)

A Registrar reviews the application and will only seal it if the arrangements genuinely serve the children's best interests. If something looks inadequate, they'll issue a requisition asking for amendments.

Contested Orders (You Disagree)

When agreement isn't possible, you apply for court-imposed orders through contested litigation:

1. Obtain a Section 60I certificate (married) or Section 66H certificate (de facto) from an accredited FDR practitioner — confirming you attempted mediation
2. File Form 1 (Initiating Application) via the eCourts Portal
3. Pay the filing fee: A$455 for parenting-only, A$610 if seeking interim orders simultaneously
4. Serve the other parent formally (process server or registered post — not personally)
5. Attend the first hearing (~6 weeks after filing), then a Case Assessment Conference with a Family Consultant

Contested matters routinely take 2-3 years from filing to final judgment. Total legal costs frequently exceed $30,000-$100,000 per parent if lawyers are involved.

Mandatory Mediation First

You cannot file for parenting orders without first attempting Family Dispute Resolution (FDR) — unless you qualify for an exemption. Valid exemptions include:

• Family violence or child abuse (file Form NP1 + Form 4)
• Urgency (risk of abduction or immediate harm)
• The application is for consent orders only

The FDR certificate is valid for 12 months from the last session date.

What Happens When Someone Breaches an Order

If your co-parent breaches a parenting order — refusing changeover, withholding the children, or making unilateral decisions about major long-term issues — you can file a contravention application. The court can impose:

• Make-up time to compensate for lost contact
• Cost orders (the breaching parent pays your legal costs)
• Community service orders
• Bonds
• In serious or repeated cases, imprisonment

The court distinguishes between a "reasonable excuse" breach (genuine emergency, child illness) and deliberate non-compliance. Document every breach with dates, times, and any written communications.

Interim vs Final Orders

If your matter is urgent — risk of relocation, abduction, or harm — you can seek interim orders that take effect immediately while the case proceeds. These are temporary arrangements lasting until the final hearing. The court sets interim orders based on the status quo and immediate risk assessment, not a full investigation of best interests.

Getting Your Orders Right the First Time

Whether you're pursuing consent orders or preparing for contested proceedings, the specific wording matters enormously. Vague terms like "reasonable time" give each parent room for different interpretations and future conflict.

The Western Australia Custody & Parenting Plan Guide provides pre-formulated clauses for each schedule type, step-by-step eCourts Portal instructions, and worksheets that help you define arrangements precisely enough to satisfy a Registrar's review — or to walk into mediation with a concrete proposal rather than open-ended negotiation.

See more Western Australia guides →