Going To Court

The law governing families, children, property disputes, spousal maintenance, child support, separation and divorce is set out in the Family Law Act 1975. Western Australia has its own Family Court Act 1977 but the family law and court process is similar to the rest of Australia.

The law starts from the basis that it is best for children to have a relationship with each of their parents and others who are important in their lives, unless this exposes the children to a risk of harm.

In family law cases you normally pay your own legal costs and court fees however, cost orders, which require one parent to pay the other’s legal fees, can be made in some circumstances. When applications for orders are filed with the court, both parties are ordered to undergo pre-action procedures.

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