Who Decides Where the Children Live After Separation in WA?
After separation, most parents reach agreement without a hearing. When that is possible it is better for children and faster for everyone. If agreement proves difficult, the Family Court of Western Australia can make parenting orders that set out where the children live and how time with each parent is arranged. The guiding idea is the best interests of the child. In practice that means balancing a meaningful relationship with both parents with the need to keep children safe from harm, and then asking what is workable day to day.
The court looks at each family’s history, the care arrangements that actually existed, any risks that need managing, and the practicalities of school, work and travel. It is not about winners and losers. It is about stability, safety and routines that help children thrive. At Reliant Legal, we help you translate those principles into a clear proposal so the court can see a plan that makes sense for your child and is realistic for both homes.
Factors that guide where children live
- Safety and risk management, including any family violence concerns and how they will be addressed
- The child’s developmental needs, health, schooling and established routines that should continue where possible
- Each parent’s capacity and availability to meet daily needs, from homework and meals to appointments and activities
- The child’s views where age and maturity make those views reliable and helpful
- Practical logistics such as distance between homes, travel time to school and parents’ work patterns
- The history of care, the quality of relationships with each parent and extended family, and the ability to communicate respectfully
How early advice leads to child focused agreements
Most disputes ease once the real issues are separated from the emotion of the breakup. Early advice helps you focus on the right questions. What timetable actually fits school, sport and sleep. What handover locations make sense. What holidays and special days can be shared fairly. We start by listening to the details of your family life, then we turn that into a workable plan. Sometimes that is a parenting plan that you both sign and follow. Sometimes consent orders are the better choice because they are binding and reduce future uncertainty. When negotiation stalls, we prepare a clear, evidence-based proposal for the court so the discussion returns to the child’s needs rather than past conflict.
Our work is practical. We show you how to keep a calm record of communications, how to gather school and health information, and how to frame concerns in a way the court finds useful rather than accusatory. We also help you avoid common missteps that inflame matters, such as unilateral changes to time or sharing adult issues with children. Where safety is in issue we help you put forward sensible safeguards so time can still occur if appropriate, or explain why limits are needed. Where the challenge is distance or work rosters we propose solutions that keep relationships strong without exhausting the child.
You will always know the next step and why it matters. If agreement is close we push it over the line with clear terms that reduce friction, including start and finish times, holiday calendars and ways to resolve small disputes before they become big ones. If court is required we file focused material, keep hearings to what is necessary and present your case respectfully. The aim is the same in every file. A stable arrangement that meets your child’s needs and is realistic for both homes.
If you are unsure how living arrangements should look after separation in Perth, speak with us at Reliant Legal for plain English guidance and a plan that keeps your child front and centre.