What it does
The Family Court Act 1997 (WA) (the Act) is the foundational statute governing the Family Court of Western Australia (the Court), a specialist superior court of record (s.9) that exercises both federal jurisdiction invested by the Family Law Act 1975 (Cth) (FLA) and non-federal jurisdiction conferred by the Act itself (ss.35-36). At its core, the Act establishes the institutional framework for resolving family disputes in WA, including parenting orders (Part 5 Div 5-7), child maintenance (Div 7), property adjustment and maintenance for de facto partners (Part 5A), and associated welfare, violence, and enforcement mechanisms.
The Act's substantive operation is explicitly tied to the FLA through comparative referencing (s.4), ensuring seamless application of Commonwealth law in federal matters while filling gaps in state jurisdiction. For instance, s.37 requires the Court, in non-federal matters, to apply principles mirroring FLA s.43, such as preserving marriage as a union and prioritising children's welfare. Part 4 establishes non-court-based services—family counselling (Div 1), dispute resolution (Div 2), arbitration (Div 3), and post-separation programs (Div 4)—to encourage out-of-court resolution, with confidentiality protections (ss.49-50, 53-54) and admissibility rules (ss.50, 54, 59A) that limit evidence from these processes except in abuse/violence cases.
In child-related proceedings (Part 5), the Act prioritises the child's best interests as paramount (s.66A), defining major long-term issues (s.7A) and parental responsibility (s.68). It mandates family dispute resolution before filing for parenting orders (s.66H), with exceptions for violence/abuse (s.66I), and provides for location/recovery orders (ss.143-157), independent children's lawyers (ss.164-166), and family violence orders (Div 10). Parenting plans (Div 4) are encouraged (s.75), with registration and enforcement mechanisms (ss.78B-82).