Parental conflict can have a lasting impact on children caught in the middle of separation and divorce. In Australia, the Family Law Act 1975 has long governed how courts make decisions in parenting disputes. However, recent reforms have significantly shifted the way courts approach parental conflict, placing the welfare of the child at the centre of all decisions.

This article explores how courts now view parental conflict under these reforms, what it means for separated families, and why legal advice is crucial in navigating the complexities of the Family Law system.

Understanding the Family Law Act 1975 and Recent Reforms

The Family Law Act 1975 is the primary legislation governing family law matters in Australia. It sets out the legal framework for divorce, property settlements, parenting arrangements, and more. For many years, the Act promoted the concept of ‘equal shared parental responsibility’ and encouraged co-parenting, even in cases involving conflict.

However, concerns grew regarding the exposure of children to ongoing parental disputes, which often led to emotional and psychological harm. In response, the Australian Government introduced significant reforms to the Family Law Act, aiming to:

• Enhance the safety of children
• Address concerns about high-conflict parental disputes
• Streamline court processes to reduce prolonged litigation

The most notable changes focus on protecting children from parental conflict and ensuring that the court’s primary consideration remains the child’s best interests.

Key Changes: How Courts Now Approach Parental Conflict

Focus on Child Safety Above All Else Under the reforms, child safety and wellbeing have become paramount. Courts now give greater weight to evidence of family violence, abuse, or exposure to harmful parental conflict. This means parenting orders will prioritise shielding children from physical, emotional, and psychological harm.Even if both parents seek equal responsibility or shared custody, the court will not approve such arrangements if they expose the child to continuing conflict.

Shift Towards a Child-Centred Approach Previously, the Family Law system was often criticised for focusing too much on the parents’ rights. The reforms now push the courts to take a child-centred approach. This means decisions will focus solely on what benefits the child’s emotional stability and long-term development.Where significant parental conflict exists, courts may order limited or supervised contact with one or both parents to reduce stress and trauma for the child.

Parenting Orders Reflecting Family Dynamics The court now looks beyond formal submissions and takes a holistic view of family relationships, communication styles, and past behaviour.This includes:

• Patterns of conflict and hostility
• Emotional and psychological impact on children
• Willingness of each parent to foster a relationship with the other parent, where appropriate

If a parent is found to be perpetuating conflict or attempting to alienate the child from the other parent, this will weigh heavily against them in court orders.

Reduced Reliance on Shared Care in High-Conflict Cases While shared care remains an option, it is no longer automatically assumed to be in the child’s best interests, particularly where parental conflict is high. Courts now assess whether shared care is genuinely feasible or whether it may escalate tensions.In many cases, the court may now favour sole parental responsibility or limited shared care to protect the child from being exposed to continuing disputes.

Impact of the Reforms on Parenting Disputes

The reforms have changed how separated parents approach disputes. In cases of parental conflict, the following trends are now emerging:

Greater Use of Dispute Resolution Services Courts now strongly encourage parents to resolve their disputes through mediation or family dispute resolution (FDR) before proceeding to litigation. These services help parents create workable parenting plans outside of court.Failure to attend dispute resolution may count against a parent during legal proceedings unless exemptions apply (such as in cases of family violence).

Parenting Plans Must Reflect Reality Parenting plans must now be realistic, child-focused, and reflective of the family’s actual circumstances. Courts will scrutinise parenting proposals to ensure they do not place the child at risk of harm or ongoing conflict.

Courts Prioritise Stability and Certainty The courts favour arrangements that provide consistency, predictability, and minimal stress for children. In high-conflict situations, this may mean clear-cut orders with limited flexibility to prevent further disputes.

Why Legal Advice Is Essential Under the New Family Law Reforms

Navigating the Family Law system after these reforms requires careful legal guidance. The courts now have broader discretion, making outcomes less predictable for self-represented parties. Every case is assessed individually, and failure to properly present evidence of parental conflict or its impacts can have serious consequences.

Family lawyers can help you:

• Understand your rights and obligations
• Prepare parenting plans and evidence
• Navigate mediation and dispute resolution
• Represent you effectively in court, if necessary

Affordable legal funding options, such as JustFund, may be available to help with legal costs in parenting disputes.

The Family Law Act reforms represent a clear shift towards protecting children from the harmful effects of parental conflict. Courts now focus on child safety, emotional well-being, and practical parenting arrangements, moving away from rigid assumptions about shared parenting.

If you’re facing parental conflict during separation, seeking legal advice early can make a significant difference. An experienced Family Law solicitor can help you navigate the legal process and secure the best possible outcome for your child.

Contact New South Lawyers today. We’ll help you protect your children’s best interests while guiding you through every legal step.