The 2024 family law changes explained

On 6 May 2024, the biggest change to Australian parenting law in more than 15 years took effect. The Family Law Amendment Act 2023 reshaped how decisions about children are made — both the decisions parents make between themselves and the decisions a court makes when parents cannot agree. If you separated before the changes, or you have heard older ideas like “you automatically get 50/50,” this guide explains what is actually true now.

The changes applied from 6 May 2024 to new and existing parenting cases, except where a final hearing had already started before that date. If you have older orders or advice, it is worth checking whether it still reflects the current law.

Why the changes were made

The previous framework had grown complicated and, in the government’s view, was widely misunderstood. Many parents believed the law started from a presumption of equal time, which was never quite accurate and sometimes pushed families toward arrangements that were not right — or not safe — for the particular child. Reviews of the system, including by the Australian Law Reform Commission, recommended simplifying the law and putting children’s safety and needs clearly at the centre. The reforms aim to make the law easier to understand, reduce conflict, and better protect children and parents from family violence.

Parental responsibility now

Parental responsibility means the responsibility for making major long-term decisions about a child — for example, their schooling, major health care, religion and culture, their name, and significant changes to where they live.

The change: the law removed the presumption of “equal shared parental responsibility.” Previously, a court started from a presumption that parents should share this responsibility equally (unless it was rebutted). That starting point is gone. Parental responsibility is now decided on what is in the child’s best interests. A court can order joint decision-making, sole decision-making, or a mix depending on the issue.

Where parents do share decision-making on major long-term issues, the law is clear about how that is meant to work: they should consult each other about each major decision and make a genuine effort to come to a joint decision. Importantly, this does not mean parents have to consult each other about day-to-day matters. Day-to-day decisions — routine things while the child is in that parent’s care — are generally made by the parent the child is with at the time, without needing to check in with the other parent.

The end of the equal-time pathway

Under the old law, if a court ordered equal shared parental responsibility, it then had to consider whether equal time, or failing that substantial and significant time, was in the child’s best interests and reasonably practicable. That step-by-step pathway created the widespread myth of a 50/50 default.

The change: that pathway has been removed entirely. There is now no presumption or automatic consideration of equal time. How much time a child spends with each parent is decided from the child’s best interests and safety, looking at the child’s actual circumstances — not from any formula, entitlement or fixed split. Read how parenting matters work for how this fits into the wider process.

The new best-interests factors

The old law had a long list of “primary” and “additional” considerations. The reforms replaced it with a shorter, single list, and made clear that the child’s safety is the paramount consideration. When deciding what is in a child’s best interests, a court now considers:

1. what arrangements would promote the safety of the child and each person who has care of the child — including any history of family violence, abuse or neglect involving the child or a carer, and any family violence order that applies or has applied;
2. any views expressed by the child;
3. the child’s developmental, psychological, emotional and cultural needs;
4. the capacity of each person who has or is proposed to have parental responsibility to provide for those needs;
5. the benefit to the child of being able to have a relationship with the child’s parents, and other people who are significant to the child, where it is safe to do so; and
6. anything else that is relevant to the particular circumstances of the child.

When looking at safety, the court is directed to consider any history of family violence, abuse or neglect, and any relevant family violence orders.

An additional consideration for Aboriginal and Torres Strait Islander children

For a child who is Aboriginal or Torres Strait Islander, the court must also consider the child’s right to enjoy their culture — including the right to connect with, and maintain their connection to, their family, community, culture, country and language — and the impact any proposed arrangement would have on that right. This recognises how central cultural connection is to a child’s identity and wellbeing.

Independent Children’s Lawyers must meet with children

The reforms strengthened the role of Independent Children’s Lawyers (ICLs). An ICL represents the child’s best interests in a case. Under the changes, an ICL is now generally required to meet with the child and give them an opportunity to express a view, where the child is old enough (broadly, over the age of five) — unless an exception applies, such as the child not wishing to meet or other exceptional circumstances. This helps ensure children’s voices are genuinely heard. See best interests, the ICL and family reports.

Stronger compliance and steps to curb systems abuse

Two further themes run through the reforms.

• Compliance and enforcement of parenting orders were amended and clarified, affecting how the court deals with alleged breaches. If orders are not being followed, see contravention and enforcement.
• The court was given clearer tools to prevent misuse of the system. This includes the power to make harmful proceedings orders, which can stop a party from repeatedly filing new applications that would cause harm to the other party or the children (for example, through the stress of relentless, unmeritorious litigation). This is aimed at a form of “systems abuse,” where court processes themselves are used to harass or control the other parent.

What it means for you in practice

• Do not go in expecting a 50/50 split. There is no default. Focus on what arrangement actually works for your child.
• Frame everything around the child’s needs and safety, not your “rights.” That is the language the law and the court use.
• If there are safety concerns or family violence, raise them clearly and early — see family violence and parenting.
• If you share major decision-making, genuinely consult and try to agree on the big things; handle day-to-day matters yourself when the child is with you.
• Keep good, factual records, and prepare carefully for family dispute resolution.

A note on the June 2025 reforms

A further set of family law reforms took effect on 10 June 2025. Those changes focused mainly on property and financial matters (including how family violence can be relevant to property settlements) rather than parenting. This site focuses on parenting arrangements, so we do not cover the financial reforms in detail — if property or finances are part of your situation, check the Attorney-General’s Department information or get advice from a family lawyer.

This is general information, not legal advice. For advice on how the current law applies to your circumstances, contact a family lawyer, Legal Aid or a community legal centre, or check the Court’s information at fcfcoa.gov.au.