Can I change the conditions of a restraining order for co-parenting?

Yes, you can apply to vary the conditions — for example, to permit limited, structured communication for parenting. Where there are Family Court parenting orders, those generally prevail, so the variation is usually framed to work alongside them.

Can the protected person cancel the restraining order themselves?

A protected person can apply to cancel an order in defined circumstances, but the court decides whether cancellation is appropriate rather than ending it automatically on request.

Do I need a change in circumstances to vary or cancel a restraining order?

For many variation and cancellation applications the court looks for a change in circumstances at the leave stage. Without one, leave may be refused.

Does the restraining order stop while my application to vary it is being decided?

No. The order remains fully in force until the court formally varies or cancels it. Keep complying with it.

Is there a fee to apply to vary or cancel a restraining order in WA?

There is no court filing fee for restraining order applications in WA. You may have costs for advice or document service.

How to Vary, Extend or Cancel a Restraining Order in WA

In Western Australia you can apply to vary (change), extend, or cancel a restraining order under Part 5 of the Restraining Orders Act 1997 (WA). The application is made to the Magistrates Court of WA, and in many cases the court must first give you leave (permission) before the application is heard.

Key facts at a glance

Governing law: Restraining Orders Act 1997 (WA), Part 5 (sections 45–49C)
What you can seek: vary the conditions, extend the duration, or cancel the order
Who can apply: the person protected, the person bound (respondent), or in some cases the CEO (child welfare)
Leave (permission): often required before a variation or cancellation application proceeds
Where to lodge: Magistrates Court of WA registry, or online via the eCourts Portal for an existing FVRO

What does "vary" mean?

Varying an order means changing its terms without ending it. Common variations include adjusting conditions (for example, allowing limited contact for co-parenting arrangements), adding conditions to make the order more protective, or extending the duration.

What does "cancel" mean?

Cancelling ends the order entirely. The court weighs safety carefully, particularly in family violence matters, and will not simply cancel an order on request.

The leave (permission) requirement

For many variation and cancellation applications, the court first holds a leave hearing to decide whether the application should proceed at all. This filters out applications that have no reasonable basis. The court considers whether there has been a change in circumstances and whether allowing the application is appropriate.

How to apply step by step

Identify what you want — a specific variation, an extension, or cancellation.
Complete the Restraining Order Application to Vary or Cancel.
Set out your reasons — what has changed and why, supported by evidence.
Lodge it at any Magistrates Court of WA registry, or online through the eCourts Portal.
Attend the leave hearing (if required), then the substantive hearing if leave is granted.
Comply with the current order until any change is formally made.