The Family Court of Western Australia is presided over by judges and magistrates. The court is vested with State and Federal jurisdiction in matters of family law and deals with divorce, property of a marriage, residence, contact and other matters relating to children, maintenance and adoptions. As with other courts, the Ministry provides its administrative and logistic support, but the cost of operating the court and salaries of staff are actually paid from Federal funds.

The Family Court of Western Australia offers an independent child-minding service. For further information please contact them directly.

A copy of the new Case Management Guidelines and Directions for the Family Court of Western Australia, which came into effect on 17 April 2001, may be downloaded from the Family Court website or hard copies may be purchased from the Registry of the Court.

Family Court
GPO Box 9991 Perth 6848
150 Terrace Road Perth 6000
Telephone: (08) 9224 8222
Facsimile: (08) 9224 8360
Collector and Accounts: (08) 9224 8222
Counselling Service: (08) 9224 8248

Family Court Circuit and Family Court Hearings are sometimes held in Kalgoorlie:

Kalgoorlie Courthouse
Brookman Street
Telephone: (08) 9021 1677
Facsimile: (08) 9021 2005

Some Frequently Asked Questions of the Family Court:

Q: What are the grounds for divorce and how long do I have to be separated before I can apply?

A: The Court does not take into account the causes of marriage breakdown, it only requires that the marriage has broken down beyond repair. You must be separated for at least 12 months before you can apply for a divorce.

Q: Do I have to attend Court when my divorce is heard?

A: If you have a child from your marriage under the age of 18 years, your attendance a court is required. Otherwise you can request the Court to hear the divorce in your absence by completing the relevant form when filing your divorce papers.

Q: Do I have to attend Court when my divorce is heard?

A: If you have a child from your marriage under the age of 18 years, your attendance a court is required. Otherwise you can request the Court to hear the divorce in your absence by completing the relevant form when filing your divorce papers.

Q: Do I need a solicitor when making an application in relation to my children?

A: While you can prepare your own application to the Court without a solicitor, it is important to be sure of your rights. It is recommended you seek legal advice as Family Court staff are not permitted to provide such advice.

Q: Can I still file an application at the Court if I don’t know where the other party is?

A: Yes, but you need to make the necessary application to the Court and prove that the other party cannot be located. The Court must be satisfied that every attempt has been made to contact the other party.

Q: If my partner and I are married and we agree to the distribution of our property, what is the easiest way of getting an order without going to Court?

A: An agreement can be signed by both parties which deals with distribution of property. This is called a Section 86 agreement and further information about this can be obtained from the Court’s Registry.

Q: I have been advised by the Child Support Agency that I have to pay maintenance for my children. What can I do if I can’t afford to pay it?

A: You can appeal an assessment made by the Child Support Agency by making the necessary application at the Court. The relevant form and information is available at the Court’s Registry. Please also check the Child Support section of this website.

Material adapted from Ministry of Justice website

August 2001