Family Court Western Australia: Parenting Orders for Grandparents in WA

If you're a grandparent or relative carer in Western Australia, the court process for parenting orders works differently from the rest of the country. Most national guides direct everyone to the Federal Circuit and Family Court of Australia — but in WA, non-nuptial parenting matters go through the Family Court of Western Australia (FCWA) under the Family Court Act 1997 (WA), with its own forms, its own portal and its own practice directions.

Why WA Is Different

Western Australia retained its own state family court when the federal system merged. For parenting disputes involving unmarried parents or de facto relationships, the FCWA has exclusive jurisdiction. Married couples in WA can also use the FCWA, though they may access the federal court for some matters.

The substantive law is similar — the best interests of the child remain paramount, and the Family Court Act 1997 mirrors the federal Family Law Act 1975 on most parenting principles. But the forms, filing portal and procedures are entirely separate.

The FCWA Application Forms

Form 1 — Initiating Application. The equivalent of the federal Initiating Application. It sets out the orders you're seeking regarding who the child lives with, who they spend time with, and who holds decision-making responsibility.

Form 4 — Affidavit. Your sworn evidence, structured the same way as a federal affidavit — factual, chronological, with supporting documentation attached as annexures.

Form 11 — Application for Consent Orders. Used when all parties agree on parenting arrangements and want the court to formalise them without a contested hearing. The FCWA equivalent of the federal consent orders kit.

You also need a Notice of Risk (similar to the federal FCFCOA-NOT19) and your section 60I certificate or exemption documentation.

Filing Through the eCourts Portal

The FCWA uses the eCourts Portal of Western Australia — completely separate from the Commonwealth Courts Portal used for federal matters. You create an account, upload your documents and pay the filing fee through this state portal. You cannot file WA proceedings through the federal portal, and federal proceedings cannot be filed through the WA portal.

If you're in Perth, the FCWA registry is in the central business district. Regional WA carers can file electronically and attend court events via telephone or video link.

Fees in the FCWA

The fee structure is broadly aligned with federal rates:

• Application for Consent Orders: $215
• Initiating Application (final orders only): $455
• Initiating Application (final + interim): $610

Fee exemptions are available on the same grounds — concession card holders and applicants who can demonstrate financial hardship. The FCWA has its own exemption application form.

Standing for Grandparents in WA

Section 66C of the Family Court Act 1997 (WA) provides standing to grandparents and other relatives on equivalent terms to section 65C of the federal Act. Grandparents have direct standing; other relatives apply as a person concerned with the child's welfare. No leave application is required.

The Parenting Orders for Grandparents and Relatives guide includes dedicated WA sections that walk through the FCWA form set, eCourts Portal filing and local fee exemption processes alongside the federal pathway.

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