Changes to Australia’s Parenting Laws: What Separating Parents Need to Know

For years, Australia’s parenting laws have caused confusion for separating parents, particularly around shared responsibility and parenting time. In an effort to simplify the system and focus more on children’s best interests, the Federal Government has introduced major changes to the Family Law Act, which took effect on 6 May 2024.

Here’s what’s changing and what it means for parents going through separation.

1. No More Presumption of Equal Shared Parental Responsibility

Under the old law, there was an automatic presumption that parents had to jointly make major decisions about their children (such as schooling, healthcare, and religious upbringing). This often created confusion, especially in high-conflict cases or situations where parents couldn’t communicate effectively.

What’s Changed?

• The court no longer assumes that both parents must make decisions together.

• Instead, the court will look at what works best for the child in each individual case.

• There is no default expectation of equal parenting time—instead, parenting arrangements will be based on practicality, safety, and the child’s well-being.

2. A Simpler, More Child-Focused Approach

Previously, courts had to consider a long list of factors when making parenting decisions, which often made the process complicated and inconsistent.

What’s Changed?

The new law streamlines this process, reducing the list to six clear and child-focused factors:

Safety First – The court will prioritise protecting children from family violence, abuse, or harm. Any history of family violence will be carefully considered.

The Child’s Views – If appropriate, the court will consider the child’s opinions and wishes in decision-making.

The Child’s Needs – This includes emotional, psychological, developmental, and cultural needs.

Parenting Capacity – The court will assess each parent’s ability to care for and provide for their child’s needs.

The Benefit of Relationships – The child’s connection with both parents and other significant people (such as grandparents) will be considered. Cultural Identity – If the child is Aboriginal or Torres Strait Islander, their right to connect with their cultural heritage will be taken into account.

What This Means for You

If you’re in mediation or discussing parenting arrangements, the focus should be on these six key areas. Rather than thinking in terms of parental “rights,” consider what arrangements will best meet your child’s needs.

3. What Happens Next?

One of the biggest uncertainties is how courts will apply these changes in practice. Since the presumption of equal shared responsibility has been removed, each case will be assessed on its own merits, and new legal pathways will develop over time.

What This Means for You

• If you’re in mediation, focus on creating an arrangement that works for your child, rather than assuming equal time or decision-making.

• If your case goes to court, the judge will not default to 50/50 parenting but will instead consider the best arrangement for the child.

• If you’re co-parenting, these changes encourage flexibility, child-focused decisions, and practical solutions over rigid rules.

Final Thoughts

These legal updates are a big step forward in making family law clearer and more focused on children’s well-being. While it’s still early days, the goal is to reduce conflict, confusion, and unnecessary court battles by focusing on what truly benefits children.

If you’re navigating separation and need guidance on parenting arrangements, mediation is the best place to start. Instead of focusing on legal presumptions, mediation helps parents find solutions that work for their family in a cooperative and child-friendly way.

Need help? Contact us to book a session and get expert support through the process.

O