Unlike in other Courts where costs usually follow the event, under the Family Law and Family Court Acts there is a presumption that each party to the proceedings is to bear their own costs.

With the current housing crisis in Western Australia, more separating couples are living under one roof until their property settlement is finalised.

Artificial intelligence (AI) is becoming more common in everyday life, including legal matters. While AI tools can provide general guidance, using them as a party in a family law case in Western Australia can lead to serious risks and unintended consequences.

Going through a divorce can be an emotionally turbulent time, and the decision to move a new partner into the matrimonial home before a divorce is finalised can add another layer of complexity. While this personal choice is understandable and it can be a common occurrence, it's crucial to be aware of the potential legal [...]

A party in a family law dispute may make an offer to another party to settle all or part of a case at any time before the Court makes an order disposing of the case. This may occur before, or in the absence of, formal court proceedings between the parties.

When dealing with family conflict, the law always encourages parties to resolve their disputes without having to resort to litigation, and there are a number of dispute resolution mechanisms available. The affected parties have the option to engage with a process of their own choosing or alternatively, can seek the assistance of the court who may refer the parties to family counselling, family dispute resolution, or other alternative family services as outlined in the Family Law Act 1975 (Cth) (the FLA).

It’s generally accepted that parents are responsible for the care, protection and upbringing of a child. Matters to do with children and the family are usually dealt with under the Family Law Act 1975 (Cth), or alternatively, by the Family Court Act 1997 (WA). However, if a child has been charged with a criminal offence, is suffering from abuse, or is in need of care, the states and territories have the authority to act in respect to the maltreatment of a child.

Having children can change a person’s worldview. Formerly unimportant issues may all of a sudden take on a different complexion when you have kids of your own. There’s nothing quite like being responsible for another person to overhaul someone’s life. All of a sudden, matters such as schooling and kid friendly restaurants seem to take prominence.

It’s not unusual for parties who have separated to make their own private parenting arrangements in relation to their child. Private parenting arrangements are an attractive option because they are cost effective and relatively easy to produce. They may also be less emotionally intensive than dealing with the formal legal system.

The unique role played by an Independent Children’s Lawyer (“ICL”) (particularly when both parents are self-represented), and the ongoing developments in information sharing protocols between agencies, appear to have contributed to some confusion as to the obligations on ICLs to keep confidential information which they obtain in that role.