Parenting Matters in the Family Court of Western Australia: Understanding Your Child's Best Interests

This principle is set out in the Family Law Act 1975 (Cth) (where parents were married), and the Family Court Act 1997 (WA) (where parents were in a de facto relationship). Together, these laws require the Court to focus entirely on what will best promote a child's safety, well-being, and development, not what is most convenient or desirable for either parent.

Importantly, regardless of whether the parents were married or in a de facto relationship, the Court applies the same child-focussed principles when determining parenting arrangements.

What Does 'Best Interests of the Child' Mean?

Under section 60CA of the Family Law Act 1975 (Cth) (and section 66A of the Family Court Act 1997 (WA)), the Court must treat the child's best interests as the paramount consideration when making parenting orders.

Both Acts also confirm that the purpose of these laws is to ensure that children's best interests are met, including by prioritising their safety.

The law has evolved in recent years. Rather than dividing considerations into 'primary' and 'additional' factors (as it once did), the Court now considers a single set of factors holistically, with a strong emphasis on protecting children.

The Key Considerations Include:

• The safety of the child and those who care for the child, including protection from family violence, abuse, neglect, or harm
• The child's views, depending on their age, maturity, and level of understanding
• The child's developmental, emotional, psychological and cultural needs
• Each parent's capacity to meet those needs
• The benefit of the child maintaining relationships with parents and other significant people, where it is safe to do so
• Any history of family violence, abuse, neglect, or relevant court orders
• Any other factors relevant to the child's particular circumstances

How the Court Approaches Parenting Decisions

Every family is different, and there is no "one size fits all" outcome.

The Court carefully weighs all relevant evidence to determine what arrangement will best support the child, not just now, but into the future.

This Includes Considering:

• Stability and continuity in the child's life
• The practical realities of proposed arrangements (such as distance between homes or school commitments)
• The impact of change on the child
• The role of extended family or other important relationships

In some cases, the Court may also rely on family reports or expert evidence to better understand the child's needs and views. Children are not required to express their views, but the Court may consider them where appropriate.

Parental Responsibility: What It Really Means

Many parents assume that 'shared parental responsibility' automatically means equal time. This is not the case.

'Parental responsibility' refers to decision-making about major long-term issues, such as:

• Education
• Health
• Religious and cultural upbringing

Under both legislations, each parent generally retains parental responsibility unless a court orders otherwise.

The Court May Order:

• Joint decision-making, requiring parents to consult and make a genuine effort to agree; or
• Sole decision-making, where one parent makes decisions independently.

Do Parents Have to Try to Resolve Matters First?

In most cases, parents are required to attempt family dispute resolution (mediation) before applying to the Court. This requirement exists under both legislations and reflects a strong focus on resolving disputes without litigation where possible.

This Encourages Families To:

• Resolve disputes more quickly
• Reduce conflict
• Create flexible, tailored arrangements

However, there are exceptions, particularly where there are concerns about family violence, abuse, or urgency.

Taking a Child-Focussed Approach

Whether inside or outside the courtroom, the most effective parenting arrangements are those that remain focussed on the child.

This Often Means:

• Prioritising the child's stability and routine
• Minimising conflict between parents
• Supporting the child's relationship with the other parent, where it is safe
• Making decisions based on the child's needs, not past issues between the parents

For Aboriginal and Torres Strait Islander children, the Court must also consider the child's cultural connections, including relationships with family, community, and country.

How We Can Help

At Tom & Co Legal, we provide clear, practical advice tailored to your situation. Whether you are negotiating arrangements or preparing for Court, we focus on achieving outcomes that are both legally sound and in your child's best interests.

Our experienced family law team understands the complexities of the Family Court of Western Australia and can guide you through:

• Understanding your rights and obligations
• Participating in family dispute resolution
• Preparing for Court proceedings if necessary
• Drafting parenting plans and consent orders
• Responding to contraventions of orders
• Applications to vary existing orders

If you need assistance, please contact our office:

Ph: 08 6255 5737