Major changes to the Family Law Act 1975 came into effect in May 2024, reshaping how courts decide parenting cases. The reforms clarify the law and prioritise children’s safety and wellbeing. Here’s what it means for parents.
In this article:
- At a Glance: Key Changes to Parenting Laws in 2024
- Why the Law Changed: A Response to Longstanding Concerns
- Application of 2024 Family Law Amendments
- What’s Ahead: Further Changes Coming in 2025
- What This Means for You
If you’re a separated or divorcing parent in Australia, you’ve likely heard about the changes to the Family Law Act and how they’re affecting parenting decisions in family court. These sweeping reforms, which came into effect on 6 May 2024 under the Family Law Amendment Act 2023, are the most significant shift in parenting law since 2006.
The intent? To create a child-focused, safety-first approach that ensures parenting arrangements are tailored to each family’s unique circumstances.
Whether you’re about to begin family court proceedings or have existing parenting orders, understanding these changes is crucial.
At a Glance: Key Changes to Parenting Laws in 2024
The 2024 changes to the Family Law Act simplify the legal framework while placing a stronger focus on children’s wellbeing and family safety. Here are the headline changes:
| Previous Framework | New 2024 Framework |
| Presumption of equal shared parental responsibility (ESPR) | No presumption; focus on child’s best interests |
| 15 factors divided into “primary” and “additional” | Six simplified best interest factors |
| ESPR often misinterpreted as equal time | No implied link between parental responsibility and time |
| Independent Children’s Lawyers (ICLs) had limited requirements | ICLs must meet directly with children (with limited exceptions) |
Why the Law Changed: A Response to Longstanding Concerns
The Family Law Amendment Act 2023 was introduced in response to findings from several inquiries, including the Australian Law Reform Commission’s 2019 report. These reviews revealed that many families found the old system confusing and, at times, unsafe, particularly in cases involving family violence.
Previously, the assumption of equal shared parental responsibility often caused confusion about how parenting arrangements should work. Many parents incorrectly believed they were entitled to equal time, regardless of their circumstances or the risks involved. Courts were also required to consider shared arrangements even when concerns around safety were present.
Now, that presumption is gone, and in its place is a more flexible, child-centric approach.
1. End of the Equal Shared Parental Responsibility Presumption
This is arguably the biggest shift.
Under the now-repealed Section 61DA, courts were required to assume both parents should share parental responsibility equally. The exception was if there was evidence of abuse or family violence. While well-intentioned, this often led to inappropriate 50/50 care arrangements, sometimes even in unsafe environments.
Now, under Section 61CA:
- There is no default assumption of shared parental responsibility.
- Courts consider each case on its own merits, with the child’s best interests as the guiding principle.
- Parents still retain parental responsibility, but they’re encouraged to consult with each other only where safe and appropriate.
Practical impact: Parenting arrangements can now be more adaptive and focused on what actually works best for the child, not what seems equal on paper.
2. Streamlined Best Interests Test: Six Core Factors
Following recent amendments to Section 60CC of the Family Law Act, the previous two-tiered approach (primary and additional considerations) has been replaced. Courts now assess a child’s best interests based on six clearly defined factors:
- Safety: A paramount concern, including protection from family violence, abuse, or neglect. The court prioritises arrangements that minimise risk and promote a secure environment.
- Child’s views: The court considers the child’s own views, giving weight according to their age, maturity, and ability to express themselves freely and without pressure.
- Developmental needs: These include the child’s emotional, psychological, and cultural needs, ensuring parenting arrangements support the child’s overall wellbeing and identity.
- Parental capacity: An assessment of each parent’s ability to meet the child’s developmental needs, both now and into the future.
- Relationship benefit: The value of the child having a meaningful relationship with each parent and other significant people—provided it does not compromise the child’s safety.
- Other relevant factors: This allows the court to take into account any additional circumstances that may be unique to the child or family, ensuring a flexible and case-specific approach.
This new framework ensures courts focus on meaningful considerations rather than box-ticking, making parenting decisions clearer and more relevant.
3. Clearer Rules for Changing Final Parenting Orders
To ask the court to change a final parenting order, Section 65DAAA now requires two things:
- A significant change in circumstances since the final order was made
- That reconsidering the order is in the child’s best interests
This codifies the Rice & Asplund principle into the Act, reducing uncertainty and unnecessary litigation.
What does this mean for parents? If parent situation changes—for instance, a parent relocates or a child’s needs evolve—they may have grounds to apply for a change, but only if it truly impacts the child’s wellbeing.
4. Greater Role for Independent Children’s Lawyers (ICLs)
Section 68LA now requires ICLs to meet with the children they represent in most cases. There are exceptions for children under 5 or those unwilling to engage.
Why this matters:
- Children now have a more meaningful opportunity to be heard in decisions that affect them.
- Their views are better represented in court, improving fairness and understanding.
- This shift aligns with modern child welfare practices and Australia’s international obligations under the UN Convention on the Rights of the Child.
5. Safety Now Front and Centre
The changes to the Family Law Act place the safety of paramount importance in parenting decisions. This is a critical shift in light of the findings of the Australian Child Maltreatment Study, where 39.6% of the 8,500 participants reported being exposed to family violence during childhood. These figures underscore the urgency of reform. Under the updated law, when determining what is in a child’s best interests, the court must now specifically:
- Consider any history involving family violence, abuse, or neglect.
- Take into account existing family violence orders;
- Avoid parenting arrangements that put a child at risk, even if both parents are willing to cooperate.
In practical terms, this reduces the chances of court-ordered shared care arrangements where there is a risk of harm.
6. Other relevant factors
This allows the court to take into account any additional circumstances that may be unique to the child or family, ensuring a flexible and case-specific approach.
For children who are Aboriginal or Torres Strait Islanders, the court must consider their right to connect with and maintain their cultural identity, as outlined in Section 60CC(3).
Application of 2024 Family Law Amendments
Garnand & Garnand 2024
In the case of Garnand & Garnand [2024] FedCFamC2F 971, the court prioritised the safety of the children while considering their views, as required by the simplified best interests factors under the 2024 amendments. In line with the 2024 changes, the court did not apply a presumption of equal shared parental responsibility.
Safety and Family Violence Considerations
- Both parents had made serious allegations of family violence against each other, with protective orders in place for both parties.
- The court’s orders reflected the benefit to the 10-year-old daughter of having a relationship with her father, but limited overnight time to ensure it remained safe.
- The court directly addressed the parents’ inappropriate behaviours, including involving the children in their dispute, which aligned with the Act’s focus on safety.
Children’s Best Interests
- The judge considered the children’s developmental needs, particularly their need for stability, by ordering they remain at their current schools.
- The court appointed an Independent Children’s Lawyer to ensure the child’s views were properly represented, reflecting the law’s stronger emphasis on child participation.
- The case demonstrates how courts now have greater flexibility to create tailored parenting arrangements that genuinely reflect each child’s specific needs under the revised Act.
Lamison & Calderwood [2024]
In Lamison & Calderwood [2024] FedCFamC2F 1263, the court confirmed that “there is no longer a presumption of equal shared parental responsibility.” Applying the revised framework, the judge emphasised that safety is a key factor when deciding between sole or joint decision-making on major long-term issues. The children’s Aboriginal and Torres Strait Islander heritage was also considered, as required under sections 61F and 60CC(3).
Key Decision and Findings
- The court awarded primary care and decision-making responsibility to paternal grandparents, demonstrating the flexibility under the new Act to make orders for non-parents when in children’s best interests.
- Safety was prioritised with the judge finding evidence of family violence by the father (including an incident with a knife) and risk factors in the mother’s care (neglect, poor school attendance).
- While acknowledging the mother was “best placed to maintain the children’s connection to their First Nations culture,” the court determined stability with grandparents was more important.
Implications
- This case demonstrates how courts now prioritise children’s safety and individual circumstances rather than applying presumptions about parental rights.
- The judgment shows the court’s ability to make tailored arrangements focused on stability and risk management under the new framework.
- The decision illustrates how cultural considerations for Aboriginal and Torres Strait Islander children can be addressed through regular contact rather than primary care arrangements.
What’s Ahead: Further Changes Coming in 2025
A second wave of reforms will take effect on 10 June 2025 under the Family Law Amendment Act 2024. These changes, while focused on property matters, will also touch parenting law:
Expanded Definition of Family Violence
The definition of family violence will be expanded to include:
- Economic abuse (e.g., denying access to money or financial independence)
- Dowry abuse
- Use of pets or property as a control mechanism
This broader scope will give courts better tools to assess safety in parenting cases.
Companion Animals
Courts will be allowed to consider family violence when deciding who keeps the family pet. This recognises the emotional impact of animals on children and their use as tools of control in abusive relationships.
Less Adversarial Approaches
The courts will gain more powers to manage proceedings in a less adversarial way, especially where family violence is a concern. This may reduce trauma for parents and children caught in high-conflict separations.
Protecting Sensitive Evidence
The amendments will strengthen protections for confidential communications made in therapeutic settings (e.g., counselling), ensuring privacy is respected in court.
Challenges to Be Aware Of
As with any major reform, the changes to the Family Law Act come with some challenges:
- Loss of specific guidelines: Without detailed provisions on time-sharing and practicability, some cases may require more judicial discretion.
- Transitional uncertainty: It will take time for courts and legal practitioners to adjust to the new framework.
- Balancing past vs. future: Some experts have noted that the law still tends to prioritise future care over acknowledging past parenting roles, which could disadvantage some primary carers.
Nonetheless, the overall direction of the reforms is widely seen as a positive step toward a more flexible, safe, and child-focused family law system.
What This Means for You
If you’re currently involved in or considering a parenting dispute, here’s what the changes to the Family Law Act mean for your situation:
- Your child’s needs will be the primary consideration, not assumptions about what’s “equal.”
- Safety concerns carry more legal weight, especially when family violence has been present.
- Children have a stronger voice, particularly when represented by an ICL.
- Cooperative parenting is encouraged—but only when safe.
- Final orders are now more stable, with clearer rules around when they can be changed.
Conclusion
The 2024 changes to the Family Law Act represent a turning point in how parenting cases are handled in Australia. By removing outdated presumptions, focusing on safety, and simplifying the best interests test, the reforms provide a more child-centred and practical approach to post-separation parenting. As more case law develops, families and courts alike will gain clearer guidance on applying these principles in everyday disputes.
Expert Advice for Parenting Disputes
At PD Law, we know the recent changes to the Family Law Act can feel overwhelming—especially if you’re already dealing with the stress of separation. Whether you’re negotiating new parenting arrangements or need to update existing orders, our experienced Family Lawyers Cannonvale and Bowen are here to help.
Here’s how we can support you:
- ✅ Explain how the law now works – so you clearly understand your rights, responsibilities, and what courts look for in parenting matters.
- ✅ Help you create or update parenting plans that reflect your child’s best interests and comply with the new legal framework.
- ✅ Advise on whether existing parenting orders can or should be changed, especially in light of the new ‘best interests’ test and removal of presumptions.
- ✅ Represent you in negotiations or mediation, helping you resolve disputes respectfully and cost-effectively without going to court where possible.
- ✅ Take urgent court action if needed, including applying for new orders or responding to an application.
- ✅ Put your child’s wellbeing first, while protecting your relationship with them and advocating for your voice to be heard.
We stay up-to-date with every legal development. We are dedicated to ensuring you get accurate, realistic advice tailored to your unique situation.
Book a confidential consultation with one of our Cannonvale Lawyers or Bowen Lawyers today.
