Child related proceedings in Western Australia

As Western Australia is the only State that has not referred its de facto relationship powers to the Commonwealth, the FLA only applies to children of married couples. Ex-nuptial children, that is, children born outside of a marriage, are covered by the Family Court Act 1997 (WA) (FCWA) which is for all intents and purposes, the same as the law in the FLA.

Most of the provisions of the FCWA mirror the FLA even to the extent that the titles of the sections refer to the corresponding sections of the Commonwealth Act.

The Family Court of Western Australia has different court practice and procedure to that of both the Family Court and Federal Circuit Court of Australia. It has its own rules (Family Law Rules 2004 (Cth)) which are similar to those of the Family Court of Australia but different in some key areas. There are also Case Management Guidelines, Practice Directions and Information Notes which govern in more detail specific aspects of court process. They are available on the Family Court of Western Australia’s website.

See Child related proceedings in Western Australia.