Does WA law favour 50/50 custody?

No. There's no automatic entitlement to equal time. The law requires the arrangement to reflect the best interests of the child, which can mean equal time, but just as often means a different split based on the children's ages, schooling, and each parent's circumstances.

Can I stop my ex from seeing our children?

Only in limited circumstances, generally where there's a genuine safety concern. Unilaterally withholding a child from the other parent without a court order or clear safety basis can work against you if the matter later goes before a court.

What's the difference between a parenting plan and a consent order?

A parenting plan is a written agreement between parents that isn't legally enforceable on its own. Consent orders are filed with and approved by the court, making them legally binding and enforceable if one parent later doesn't follow them.

Do older children get a say in the arrangement?

A child's wishes can be taken into account, with more weight generally given as they get older, but it's one factor among several rather than a deciding vote. There's no fixed age at which a child's preference becomes binding.

Parenting arrangements after separation: what WA law expects

By Mei Nair · Updated 2026-06-25

Separating with children in the picture is different from any other kind of family law matter, because the arrangement you land on doesn’t end when the paperwork is signed. It’s the framework your family lives inside of for years. This is general information, not a substitute for advice on your specific parenting matter.

The legal standard behind every arrangement

Western Australian family law is built around one central question: what arrangement serves the best interests of the child. That standard, not what feels fair between the two parents, is what a court applies if a matter ever gets there, and it’s the lens a good family lawyer will use to guide negotiations even when a matter never goes near a courtroom.

Best interests typically weighs things like the benefit of a meaningful relationship with both parents, protection from harm, each parent’s practical capacity to care for the children, and the children’s own views where age-appropriate. There’s no formula that spits out a percentage split.

Common arrangement shapes

Arrangement	What it usually looks like	Best suited to
Primary residence, regular time	Children live mainly with one parent, regular visits with the other	Younger children, one parent with limited flexibility
Week about	Children alternate full weeks between both homes	Parents living reasonably close together, strong co-parenting communication
Split care	Different arrangements for different children	Larger age gaps or differing needs between siblings
Supervised or limited contact	Time with one parent occurs under supervision or is limited	Genuine safety or welfare concerns

These are starting points for discussion, not templates. What works for one family often doesn’t translate to another with different schooling, work schedules or distances between homes.

Getting the arrangement into writing

A verbal understanding between parents can work while things stay amicable, but it offers no protection if circumstances change. A written parenting plan sets expectations clearly, though it isn’t enforceable on its own. Consent orders, filed and approved by the court, carry legal weight and give both parents a formal reference point if a dispute arises later about whether the arrangement is being followed.

Two parents sit with a mediator reviewing a written parenting arrangement schedule at a family law office

Keeping the focus on the kids

The practical advice that comes up again and again from family lawyers isn’t legal, it’s behavioural: keep disagreements about money and blame away from the children, communicate directly with the other parent about logistics rather than through the kids, and be willing to revisit the arrangement as children get older and their needs change. Arrangements that were right for a five-year-old often need adjusting by the time that child is twelve.

If you and the other parent can’t agree, family dispute resolution is generally the required next step before either of you can apply to court for parenting orders, except where safety concerns apply. A mediator’s job is to help you both focus on workable logistics rather than relitigating the relationship that ended.

Adjusting an arrangement over time

An arrangement that suited a toddler rarely still fits a teenager, and it’s normal to revisit and adjust as children grow, schooling changes, or a parent’s circumstances shift. Where both parents can agree on an update, it’s worth formalising the change in writing rather than letting the original document quietly become outdated while everyday practice drifts away from it.

When to bring in a lawyer

Even in an amicable separation, it’s worth having a lawyer review any written arrangement before you sign it, since terms that seem reasonable in the moment can create problems later, particularly around relocation, schooling decisions, or what happens during school holidays. Where there’s any conflict, safety concern, or disagreement about the children’s living arrangements, involving a lawyer earlier rather than later tends to prevent the situation escalating.

This is general information about how parenting arrangements typically work under WA family law, not advice on your specific situation. You can compare family lawyers in Perth who handle parenting matters, and see how we score and rank firms in our methodology. Visit the Perth Legal Guide homepage to explore other family law resources.

FAQ

Does WA law favour 50/50 custody?: No. There's no automatic entitlement to equal time. The law requires the arrangement to reflect the best interests of the child, which can mean equal time, but just as often means a different split based on the children's ages, schooling, and each parent's circumstances.
Can I stop my ex from seeing our children?: Only in limited circumstances, generally where there's a genuine safety concern. Unilaterally withholding a child from the other parent without a court order or clear safety basis can work against you if the matter later goes before a court.
What's the difference between a parenting plan and a consent order?: A parenting plan is a written agreement between parents that isn't legally enforceable on its own. Consent orders are filed with and approved by the court, making them legally binding and enforceable if one parent later doesn't follow them.
Do older children get a say in the arrangement?: A child's wishes can be taken into account, with more weight generally given as they get older, but it's one factor among several rather than a deciding vote. There's no fixed age at which a child's preference becomes binding.