Family Court of Western Australia

Examples of parenting orders

These are general examples only.

You should take legal advice before seeking orders.

You may amend and/or cut and paste these orders into your application or proposed consent orders.

Where the children live

1  The children Jack Smith born on 25 January 2007 and Jill Smith born on 8 April 2009 live with the wife/husband/mother/father.

Parental responsibility

2  The husband and the wife/The father and the mother have equal shared parental responsibility for the children; or

The wife/husband/mother/father has sole parental responsibility for the children.

Time spent with the children

You can request an order that lets you agree the time spent with the other parent, or the times can be defined in the order.

Time as agreed between the parties

3 The wife/husband/mother/father spend time with the children as agreed between the parties.

Or

Defined times

Note – These are not recommended times. They are examples and will only be appropriate for some families. There is no need to specify times if you feel you can work these out with the other party.

4 The children Jack Smith born on 25 January 2004 and Jill Smith born on 8 April 2006 spend time with the wife/husband/mother/father as follows:

(a)       Each alternate weekend from 9 am on Saturday until 5 pm on Sunday, extending to 5.00 pm on Monday if the weekend is a long weekend.

(b)       The weekend time described in paragraph (a) be suspended during school holiday periods.

(c)        Each year from 5 pm on the Saturday until 5 pm on the Sunday of the Mothers’/Fathers’ Day weekend, if that time is not already provided for under this order.

(d)       The weekend time described in paragraph (a) be suspended on the weekend of Fathers’/Mothers’ Day each year from 5 pm on the Saturday until 5 pm on the Sunday.

(e)       One half of each of the school holiday periods at the conclusion of Terms 1, 2 and 3 each year, commencing at 5 pm on the Friday of the last week of term.

(f)        The expression “school holiday period” in this order means the period from 5 pm on the last day of the school term to 5 pm on the day immediately before the start of the next term.

(g)       Three weeks during the Christmas school holidays each year, commencing at 9 am on the first Saturday in January.

(h)       Each alternate Christmas from 5 pm on 24 December until 10 am on 26 December, commencing in 2019.

(i)        Each intervening Christmas from 10 am on 26 December until 10 am on 28 December, commencing in 2020.

(j)        Each alternate Easter from 5 pm on Thursday until 5 pm on Monday, commencing in 2019. If Easter falls during the school holidays at the conclusion of Term 1, the time shall form part of the wife/husband/mother/father’s time for that holiday.

(k)       On the children’s birthdays each year from 9 am to 2 pm, provided the birthday does not fall on a school day.

Telephone contact

5          The children have electronic communication with the wife/husband/mother/father as follows:

(a)       Telephone calls for up to 15 minutes on each of the children’s birthdays if the birthday falls on a school day; and

(b)       Telephone calls for up to 15 minutes each Wednesday, with the wife/husband/mother/father to initiate the call between 6.30 pm and 7 pm.

Handover arrangements

6          The wife/husband/mother/father collect the children from the other party’s residence at the start of these times and return them to his/her residence at the end of these times.

Other orders relating to children

Change of a child’s name

It is in the best interests of the child/ren,     , born     , that his /her /their name be changed and that the said child/ren henceforth be known as       (Christian names)       (FAMILY NAME)

The Registrar of Births, Deaths and Marriages, Western Australia, do effect the required change to the said child’s/ren’s birth registration pursuant to this order.

Commonwealth Information order

A Commonwealth Information Order issue in the usual form directed to the Chief Executive Officer of Centrelink requiring the Chief Executive Officer to furnish to the Principal Registrar of the Family Court of Western Australia such information as is contained or comes into the records of Centrelink relating to the whereabouts of the children       born     .

Communication Book

The Applicant and the Respondent utilise a communication book to travel between the parties with the child/ren for the purpose of conveying information to the other party concerning the child/ren.

Drug urinalysis testing within 24 hours

The Applicant / Respondent undergo a supervised broadscreen drug urinalysis test with photographic identification within the next 24 hours / by no later than 5.00pm today and forthwith authorise the testing centre to release a copy of the test results to the other party / the other party’s solicitor / the Independent Children’s Lawyer / the Family Consultant as soon as they become available.

Hair strand testing

As soon as practicable, the Applicant / Respondent undergo hair strand drug analysis testing for the detection of Ecstasy / Cocaine / Amphetamines (Speed) / Cannabinoids, the cost of which be borne by the Applicant / Respondent.

The Applicant / Respondent be restrained and an injunction is hereby granted restraining him/her/them from cutting or colouring his/her/their hair prior to the hair strand drug testing.

Random Drug urinalysis testing

The Applicant / Respondent undergo random drug urinalysis testing with photographic identification at the request of the other party / the other party’s solicitor, upon the following conditions:

(a)       the tests be undertaken within 24 hours of a written / verbal / faxed / SMS text message request being made by the other party / the other party’s solicitor;

OR

(a)       the tests be undertaken by no later than 5:00pm on a day that an SMS text message request has been made by 9:00am by the other party / the other party’s solicitor;

(b)       the number of requests shall not exceed       per week/ fortnight / month;

(c)        the party undergoing the test forthwith authorise the testing centre to release a copy of the test results to the other party / the other party’s solicitor; and

(d)       the costs of the tests be borne by the party undergoing each test.

To facilitate the preceding order herein, the Applicant / Respondent advise the other party / the other party’s solicitor of their landline telephone number / mobile telephone number and keep that party informed of any changes to that number.

On receipt of       consecutive clear drug urinalysis test results, which were taken within the requisite period, with the chain of custody complete and which are not dilute, the Applicant / Respondent be excused from further compliance with the provisions of the previous order referred to herein.

In the event of a positive or non-negative test, within 7 days, the party undergoing the test forthwith instruct the testing centre to undertake Secondary (Confirmation) Testing and authorise the testing centre to release a copy of those test results to the other party / the other party’s solicitor as soon as they become available.

Educational information

Each party be permitted to attend any school events or activities that parents would ordinarily be expected and invited to attend, including but not limited to school assemblies, parent / teacher evenings and school carnivals.

Each party be permitted to contact the school that the child/ren attend to request they provide them with copies of any school reports, reports on behavioural issues, school circulars or notices concerning functions, parent / teacher nights and other school activities to which parents would ordinarily be expected and invited to attend.

Medical information

Each party shall provide the other party with notice of any significant medical issues concerning the child/ren including details of any treating practitioner and if requested to do so by the other party, shall authorise any treating practitioner to discuss the child’s / children’s medical issues with that party.

Changing children’s place of residence from Perth Metropolitan area

The Applicant / Respondent be restrained and an injunction is hereby granted restraining him / her / them from changing the principal place of residence of the child/ren from the Perth Metropolitan Region as defined in the Third Schedule to the Planning and Development Act 2005 (WA).

Changing children’s place of residence from specified township / suburb

The Applicant / Respondent be restrained and an injunction is hereby granted restraining him / her / them from changing the principal place of residence of the child/ren from the township / suburb of      

Denigration of other party

The Applicant / Respondent be restrained and an injunction is hereby granted restraining him / her / them from denigrating the other party to or in the presence or hearing of the child/ren or allowing any other person to do so.

Discussing Court proceedings – Disclosing Court documents

The Applicant / Respondent be restrained and an injunction is hereby granted restraining him / her / them from discussing the Court proceedings with or in the presence or hearing of the child/ren or disclosing to the child/ren any of the Court documentation or allowing any other person to do so.

Removing children from the Commonwealth of Australia

The Applicant / Respondent be restrained and an injunction is hereby granted restraining him / her / them from removing the child/ren from the Commonwealth of Australia.

Removing children from the State of Western Australia

The Applicant / Respondent be restrained and an injunction is hereby granted restraining him / her / them from removing the child/ren from the State of Western Australia without the prior written consent of the other party or further order of the Court.

Travel Permissions & issue of passports

The Applicant / Respondent have liberty to remove the child / ren from the Commonwealth of Australia for the period       to       for the purpose of a holiday to       and to that end, the necessity for the consent of the Applicant / Respondent to the issue of a passport to the said child / ren be dispensed with.

To facilitate the orders made herein, the necessity for the consent of the Applicant / Respondent to the issue of a passport to the said child /ren be dispensed with.

The Applicant and the Respondent do all things necessary to facilitate the issue of a passport for the said child / ren.

The costs associated with the issue of a passport for the child / ren referred to in the preceding orders herein be met by the Applicant / Respondent.

The Applicant / Respondent have liberty to remove the child/ren,       from the Commonwealth of Australia for the period from       to       for the purpose of a holiday to     , provided that:

(a)       not later than 14 days prior to departure, the Applicant / Respondent provide the Applicant / Respondent with a copy of the following documents / information:

(i)         the proposed travel itinerary; and

(ii)        contact details for the said child/ren being the address where he / she / they will be primarily staying for the duration of the said holiday together with a telephone contact number;

and the Applicant / Respondent keep the Applicant / Respondent informed of any changes to these arrangements; and

(b)       there is not a current “Do not Travel” warning issued by the Department of Foreign Affairs and Trade at the time of departure in relation to the proposed destination.

Supervision orders - Relationships Australia, Anglicare or Centrecare

Until further order of the Court, the child/ren,     , spend time with the Applicant / Respondent, such time spent to be supervised by either Relationships Australia, Anglicare or Centrecare (“the Service Provider”) and in default of agreement, by the closest such service to the principal place of residence of the said child/ren.

Other professional supervision provider

Until further order of the Court, the child/ren,       , spend time with the Applicant / Respondent, such time spent to be supervised by     , or such other professional supervision provider as the parties shall agree (“the Service Provider”).

Non professional supervision provider

Until further order of the Court, the child/ren,           , spend time with the Applicant / Respondent, such time spent to be strictly / substantially supervised by       or such other person as the parties shall agree.

More information

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Last updated: 14-Feb-2024

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