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Going to court
The law governing families, children, property disputes, spousal maintenance, child
support, separation and divorce is set out in the
Family Law Act 1975. Western Australia has its own
Family Court
Act 1977 but the family law and court process is similar to the rest of
Australia.
The law starts from the basis that it is best for children to have a relationship with
each of their parents and others who are important in their lives, unless this
exposes the children to a risk of harm.
In family law cases you normally pay your own legal costs and court fees however, cost
orders, which require one parent to pay the other’s legal fees, can be made in some
circumstances. When applications for orders are filed with the court, both parties are
ordered to undergo
pre-action
procedures.