When a relationship ends, the hardest conversations are often about the children. What arrangements will apply? Who will the children live with? How often will they see each parent? These are questions child custody laws in Perth help answer, and while the legal framework provides structure, how it applies to your situation depends on the specific details of your family.
What the Law Actually Says About “Custody”
The word custody is not used in Australian family legislation. Instead, the Family Law Act 1975 (Cth) and the Family Court Act 1997 (WA) refer to parental responsibility and parenting arrangements. These laws shift the focus from which parent “wins” time with the children to what arrangements genuinely serve the child’s best interests.
Parental responsibility is the authority to make major long-term decisions about a child’s life, including education, healthcare, and religious upbringing. Shared parental responsibility, where both parents make these decisions together, is still considered by courts, but it is assessed against the specific circumstances of each family, particularly where family violence or safety concerns exist.
Where a child spends their time is a separate question from parental responsibility. One parent may have primary care while both retain shared parental responsibility. The arrangements that work best depend on practical factors like the proximity of each parent’s home, school location, work schedules, and the child’s individual needs.
The Best Interests of the Child Test
The primary consideration in every parenting decision made by the Family Court of Western Australia is the best interests of the child. This principle drives every order the court makes.
When assessing what arrangements serve a child’s best interests, the court looks at a range of factors.
- Safety and risk of harm. Any history of family violence, abuse, or exposure to family violence is a central factor. The 2024 amendments to the Family Law Act strengthened how courts assess and respond to these concerns.
- A meaningful relationship with both parents. Courts generally support children maintaining relationships with both parents, provided it is safe to do so.
- The child’s own views. Depending on their age and maturity, a child’s preferences carry weight in the court’s assessment. This does not mean children decide their own arrangements, but their perspective is taken into account.
- Each parent’s capacity to meet the child’s needs. This covers day-to-day care, emotional support, and stability in the child’s life.
- The practical consequences of any arrangement. Distance between parents, schooling, and the child’s existing routines all factor in.
Types of Parenting Arrangements
There is no single standard arrangement that applies to all families. Courts and parents have flexibility in designing arrangements that fit the child’s circumstances.
Equal Time Arrangements
Equal time means the child spends roughly the same number of nights with each parent. This can work well when parents live close to each other, communicate reasonably well, and the arrangement is genuinely practical for the child’s schooling and activities.
Equal time is not automatically the default outcome. The court considers whether it is in the child’s best interests and whether it is reasonably practicable given the family’s circumstances. Long commutes, shift work, and young children with specific care needs can all make equal time impractical.
Primary Care Arrangements
In many families, children spend most of their time with one parent and have significant time with the other. The word “significant” is deliberately broad. It might mean every second weekend, school holidays, or a regular weekday overnight arrangement.
The parent without primary care typically still retains parental responsibility for major decisions unless a court has specifically ordered otherwise.
No Contact or Supervised Contact
Where there are serious safety concerns about a parent, the court can order that no contact occur, or that any contact be supervised by a professional or agreed-upon person. These orders prioritise the child’s safety above everything else.
How Parenting Arrangements Are Made
Parents are strongly encouraged to reach their own parenting arrangements rather than having a court impose them. In WA, you are generally required to attempt family dispute resolution (FDR) before filing a parenting application with the court. Exemptions exist where family violence makes FDR inappropriate or unsafe.
Legal Aid WA runs a Dispute Resolution service that organises mediation conferences to help parents work through disagreements. Conferences are held in Perth and can also be arranged in Albany, Bunbury, and Geraldton for regional families.
If agreement is reached, it can be formalised in two ways.
- Parenting plan. A written document agreed to by both parents. It is not enforceable by a court but provides a clear record of what was agreed.
- Consent orders. Filed with the Family Court of WA and legally binding. If one parent breaches consent orders, the court can enforce them or impose consequences.
If no agreement is possible, either parent can make a parenting application to the Family Court of WA. The court may refer the matter to a family consultant for assessment before making orders.
What Has Changed in 2026?
The 2024 amendments to the Family Law Act 1975 continue to shape how courts approach parenting matters in 2026. Courts now have a stronger obligation to consider safety when assessing parenting arrangements. The assessment of a child’s relationship with each parent is more closely tied to whether that relationship is safe, and the economic impact of family violence is now an explicit factor in financial proceedings connected to family law.
The presumption of equal shared parental responsibility no longer exists in the same form it once did. Courts now assess shared parental responsibility based on the individual circumstances of each family, without any automatic starting position.
Getting the Right Advice
Parenting disputes are among the most emotionally draining legal matters people face. Getting the right legal advice early helps you understand your rights, set realistic expectations, and protect your children’s wellbeing throughout the process. One of our best child custody lawyers in Perth works with parents at every stage, from initial negotiations through to contested hearings.