Changes to the Family Court Act 1997 (WA) to commence 10 February 2025

28/01/2025

The Family Court Act has been amended, with the significant changes to take effect from 10 February 2025.

The changes only apply to cases concerning children whose parents were not ever married, and will apply to all new and existing matters from 10 February 2025, except where a final hearing/trial has already commenced.

The changes mirror those made to the Family Law Act 1975 (Cth) which commenced on 6 May 2024.

The Family Court's website will be updated to refer to these changes shortly.

The amendments include changes to the factors that the court needs to consider in making orders to ensure that the best interests of children are met, including ensuring their safety.

The amendments also include a new section that sets out when a final parenting order can be reconsidered by a court.

The way the court enforces child-related orders has been changed, in particular to make the consequences of non-compliance with parenting orders clearer and the provisions easier for the court to apply.

There are also changes relating to how Independent Children's Lawyers engage with children, and courts will have the power to make harmful proceedings orders, if satisfied that further proceedings would be harmful to the respondent.

More specific information about the changes can be found on the Parliament of Western Australia website.