Perth Family Lawyers and International Custody Disputes: What Parents Should Know

Written by Haidar Saab

Reviewed by Jackson Bartulovic

Written by Haidar Saab

Reviewed by Jackson Bartulovic

2 min read
Published: August 1, 2025
Legal Topics
Family Law
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Page Content

With Western Australia’s global workforce, international custody disputes have become increasingly common. When families cross borders, the legal complexity increases. At Chamberlains Law Firm, our Perth-based family lawyers understand the challenges of navigating parenting disputes involving multiple legal systems.

Understanding International Custody Disputes in WA

In WA, international parenting disputes engage both domestic and international legal frameworks. Parenting matters are regulated by the Family Law Act 1975 (Cth), while international child abduction matters fall under the Family Law (Child Abduction) Regulations 1986, which implement the Hague Convention (1980).

Working with an experienced WA family lawyer is essential in protecting your parental rights in cross-border situations.

Jurisdictional Challenges in WA

Jurisdiction determines which country hears a custody case. Under the Family Law Act, the child’s habitual residence is central in determining jurisdiction.

Section 111B gives Australian courts, including those exercising federal jurisdiction in WA, the ability to apply Hague Convention principles when a child has been wrongfully removed or retained internationally.

Hague Convention recovery applications must be lodged first, as they operate on an urgent basis while final parenting proceedings continue.

Chamberlains’ WA team supports parents with jurisdictional analysis, overseas coordination, and recovery applications.

The Role of Family Lawyers in WA International Custody Disputes

Our Perth Family Law Team works with overseas lawyers, consular officials, and international authorities to ensure cross-border matters progress efficiently and safely.

Key Considerations in International Custody Disputes

As with all matters before the Federal Circuit and Family Court of Australia (WA), international cases hinge on the best interests of the child (s 60CA).

Relevant considerations include:

  • Habitual residence
  • Grave risk of harm (Article 13 Hague Convention)
  • Caregiver capacity
  • Child’s views and cultural ties
  • Safety and stability
  • The nature of each parent’s relationship with the child

Legal Processes for International Custody Matters

A WA international custody case may involve:

  • Initial jurisdictional advice
  • Negotiation or mediation
  • Parenting litigation under ss 65D and 65DAA
  • Hague Convention recovery applications

Chamberlains ensures all WA-based applications comply with Australian and international legal procedures.

Conclusion

International custody disputes in WA require careful handling and deep knowledge of the Family Law Act, Hague Convention obligations, and cross-border enforcement. Chamberlains Law Firm is committed to achieving the best outcome for you and your child.

If you have any questions about Spousal Maintenance, contact Stuart Robertson of our Family Law Team on 02 9264 9111

This article was prepared with the assistance of Zoe Hayes.