Domestic Violence & Parenting Orders — What’s New in 2025
Australia’s family law system underwent important reform in 2024–2025 that changes how courts consider domestic and family violence when making parenting orders. These reforms re-centre the best interests of the child and strengthen protections for victims — changes every separated parent and practitioner should understand. This article explains the key developments in 2025 and what they mean for parenting arrangements.
What changed and when
The Family Law Amendment Act 2024 (which received royal assent in late 2024) introduced amendments to the Family Law Act 1975 that came into effect on 10 June 2025. The amendments broaden the legal framework courts use to assess parenting matters, explicitly requiring judges to give greater weight to child protection and safety when family violence is an issue. These changes also give courts clearer scope to consider the economic and non-economic consequences of family violence when resolving related financial matters.
Re-focusing the “best interests” test
Historically, Family Law balanced a child’s protection and a meaningful relationship with each parent. The 2025 amendments shift emphasis: the protection and safety of children (and their primary carers) must now be a dominant consideration where there is evidence of harm or risk. In practical terms, this means that allegations of domestic violence — including coercive control, stalking via smart technology, and other non-physical abuse — are treated more seriously in parenting decisions. Advocacy groups and legal services welcomed the refocus because it aims to reduce the risk of placing children back into unsafe situations.
What counts as family violence now
The law’s scope for what constitutes family violence has broadened. The reforms capture patterns of abusive behaviour (not just one-off incidents), economic abuse and behaviours designed to control or terrorise a partner or child. In parallel, several states have recently introduced or strengthened criminal offences for coercive control and technology-enabled stalking — developments that the family courts will take into account when assessing risk. These overlapping changes at federal and state levels give courts more tools to assess whether contact with a parent should be limited or supervised.
Practical effects on parenting orders
Practically, parents and practitioners will see several changes:
Safety first in contact decisions: Where credible evidence of family violence exists, courts will more readily impose supervised contact, limited orders, or deny unsupervised time if it’s safer for the child.
Greater use of expert evidence: Increased reliance on independent family reports, child psychologists and risk-assessment tools to inform parenting outcomes.
Faster protective interventions: Changes encourage earlier protective steps in urgent parenting applications to reduce harm and delay.
If you’re a parent navigating separation where domestic violence is present, these practical steps are essential:
Prioritise safety: If you or your children are at risk, contact police, crisis services and consider an apprehended domestic violence order.
Get legal advice early: Family Law changes are complex — an experienced family lawyer can help gather evidence (medical records, police reports, text logs, witness statements) and frame an application that focuses on child safety.
Document patterns of behaviour: Judges will look for patterns, not just isolated events. Keep dated records of abusive incidents, threats or stalking behaviour.
Cooperate with assessments: Independent family reports and psychological assessments often influence outcomes; attend assessments and follow safety recommendations.
Consider non-court options carefully: Mediation and family dispute resolution still have roles, but are not appropriate where there’s ongoing violence or a power imbalance. The courts and practitioners are now clearer about when mediation is unsafe.
What this means for lawyers and professionals
Practitioners must adjust intake processes, evidentiary strategies and client safety planning. The new framework encourages multidisciplinary approaches — working with social services, child protection and mental health professionals — to present comprehensive evidence about risk and capacity to parent. Court lists may prioritise urgent safety hearings, and legal teams should be prepared with contemporaneous documentation and specialist expert evidence.
The 2025 reforms represent a decisive shift in Australian Family Law toward child protection and a more nuanced understanding of family violence. While the system is still adapting, the changes aim to make parenting decisions safer and more responsive to the lived realities of victims and children.
If you’re affected, seek timely legal advice and focus on practical safety planning — the law now gives courts clearer grounds to prioritise protection.
If you’re facing separation and family violence, get expert, confidential advice now.
Contact New South Lawyers today for a safety-first family law assessment and a clear plan tailored to your children’s needs.
