De Facto Parentage Declarations (Mother Applicant) - Western Australia - Hybrid Claim - Property Settlement in Short De Facto Relationship (s 205Z)

Jurisdiction: Family Court of Western Australia. This fork covers hybrid parentage and property proceedings for short relationships. It forks from the parent de facto parentage plan.

The Process at a Glance: Assess cohabitation dates to confirm the relationship is under 2.0 years and verify that a child exists. File Form NP1 FDR exemption if family violence or asset dissipation risk is present, or coordinate parenting mediation. Draft parentage declarations under s 194A alongside property settlement pleadings under Part 5A, specifically detailing the serious injustice gateway under s 205Z. Prepare a Form 13 Financial Statement and gather 3 years of tax returns, bank accounts, and appraisals. File the hybrid package via the eCourts Portal WA. Seek interim DNA testing orders at the first return. Once parentage is established at 99% or higher, serve the superannuation trustee (giving 28 days notice) and compile contributions evidence (homemaker and parenting contributions) to prepare for the Conciliation Conference.

Key Legislation and Case Law: Property settlements in short relationships are governed by Section 205Z and Section 205X of the Family Court Act 1997 (WA). Parentage declarations arise under Section 194A. Financial statements must be filed on Form 13 under Rule 151 of the Family Court Rules 2021 (WA). Pre-action disclosure of financial documents is governed by Part 13. Superannuation splitting notice is governed by Section 90YY of the Family Law Act 1975 (Cth) (WA de facto superannuation split). Case law includes Mallet v Mallet (1984) 156 CLR 605 and Kennon v Kennon [1997] FamCA 27 on homemaker contributions. eFiling is executed at the eCourts Portal WA at https://ecourts.justice.wa.gov.au/eCourtsPortal/.

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