Family Court of Western Australia

Responding to an application

If you have been served with a parenting order application, you have the opportunity to respond.

If you agree with the parenting orders the other party has requested, you can either attend the first hearing or write a letter to the Court saying you agree with the orders. Provide a copy of the letter to the other party.

If you don't agree with the orders, you need to file a:

  • Response to Initiating Application (Form 1A), and
  • Case Information Affidavit.

Response to Initiating Application (Form 1A)

The form has three parts:

  • Part A is where you put the orders you are requesting. You can attach an extra page if there isn’t enough room.
  • Parts B and C are for correcting information provided by the Applicant. If you don't want to correct any information, you don't need to complete these parts.

What orders should I request?

Parenting Orders can cover:

  • child’s living arrangements.
  • who a child will spend time with.
  • who a child can communicate with.
  • who has responsibility for major decisions about children.

You can also request interim orders. These are orders that are made to stabilise the situation while the Court process is underway.

If you wish to request interim orders, you can do this at Question 5 of Part A. If you do not ask for interim orders, it is unlikely any orders about the children will be made at the first hearing unless the other party agrees to them.

If the application you received requested interim orders, you will need to respond at Question 4 of your response.

Case Information Affidavit

The Case Information Affidavit if for you to provide the Court with details of your dispute.

After completing the form, you need to have it witnessed by an authorised witness, which is usually a Justice of the Peace or Lawyer. See the affidavit page for more information.

After completing the forms

After completing the forms, file them via the eCourts portal.

Self-service kiosks are available to parties within the level 1 Registry of the Family Court of Western Australia.

Filing fee

There is a fee for filing a Response to initiating application (Form 1A). See the Fees page for more information.

Next steps

The date of your first hearing will be on the Initiating Application (Form 1) that you received.

At the first court event the Judicial Officer will consider how your case should be managed, and whether you need to file any more evidence. The Judicial Officer may also make a decision about interim orders you or the other party have requested.

If the response requests orders about new subject matters, the party who filed the Initiating application can reply to those orders with a Reply to Response to Initiating Application (Form 1B). The reply can oppose the orders requested in the response, or can request different orders on the new subject matter raised by the response.

Last updated: 10-Oct-2022

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