What Are The Child Custody Laws in Western Australia?

Navigating the landscape of child custody laws can be an emotionally taxing and legally complex process. At Davies & Co Lawyers, we specialize in Premium Family Law & Mediation Services and are well-equipped to guide you through this delicate issue. Located on Stirling Highway, Nedlands, Perth, our firm, under the adept leadership of Principal Mark Davies, offers expert advice and compassionate service to our clients.

The Fundamentals of Child Custody Laws in Western Australia

In Western Australia, the Family Law Act 1975 (Cth) and the Family Court Act 1997 (WA) primarily govern child custody laws. The primary focus is always on the child’s best interests, which the court evaluates based on various factors such as the child’s relationship with both parents, the child’s views, and the impact of any changes in the child’s circumstances.

Types of Custody Arrangements

  1. Joint Custody: Both parents share decision-making responsibilities for the child.
  2. Sole Custody: One parent has exclusive decision-making responsibilities for the child.
  3. Shared Parenting: Parents share physical custody, although not necessarily on a 50-50 basis.
  4. Visitation Rights: The noncustodial parent may be granted specific visitation rights.

“The team at Davies and Co have impeccable knowledge in family law, proven process, and a remarkable capability to communicate professionally, empathize, overcome associated challenges and defuse conflict. Thank you sincerely, Thea, Meroë and Mark for never allowing me to feel dispirited. There is no greater wealth in this world than peace of mind.”
— Terence Ker – Perth WA

Court’s Considerations in Child Custody

  1. Child’s Wishes: Depending on the child’s age and maturity, the court may consider their views.
  2. Parental Capacity: Each parent’s ability to meet the emotional and physical needs of the child.
  3. History of Family Violence: A history of violence or abuse by either parent could significantly influence custody decisions.

The Child Custody Legal Process

Initial Application

The first step is to file an application with the Family Court of Western Australia for parenting orders. This outlines the type of custody arrangement you seek.

Mediation and Negotiation

Before taking matters to court, it is often advisable to resolve disputes through mediation. At Davies & Co Lawyers, we excel in facilitating constructive dialogues between parties to reach an amicable solution.

Trial and Judgment

If an agreement cannot be reached through mediation, the case proceeds to a trial where the judge will make a decision based on the child’s best interests.

How Davies & Co Lawyers Can Assist You

Navigating child custody laws is challenging, but you don’t have to do it alone. Davies & Co Lawyers can offer the following services:

  • Expert Legal Consultation: We assess your situation and advise you on the most suitable course of action.
  • Document Preparation: Our team ensures that all legal documents are prepared accurately and submitted in a timely fashion.
  • Legal Representation: From initial hearings to final judgments, we represent you proficiently in court.

“Both Mark & Thea Davies are extremely professional, completely knowledgeable in family law regarding all areas of separation and show enormous compassion, support and empathy during an extremely uncomfortable time. Namaste.”
— Kaz Pinkerton – Perth WA


Child custody disputes can be emotionally draining and legally complex. However, understanding Western Australia’s laws governing this area can empower you to make informed decisions. At Davies & Co Lawyers, located on Stirling Highway, Nedlands, Perth, we specialize in Premium Family Law & Mediation Services. Under the proficient leadership of Mark Davies, we’re committed to ensuring that your child’s best interests are at the forefront of all legal procedures.

If you’re facing child custody issues, we invite you to reach out for a tailored consultation that addresses your specific needs and circumstances.

Note: The content of this article is intended for general informational purposes only and should not be considered as legal advice. Consult a qualified legal professional like Davies & Co Lawyers for personalized advice related to your specific situation.