Australia’s Family Law landscape has undergone significant reform with the Family Law Amendment Act 2023. These changes directly affect parenting arrangements, aiming to simplify processes, protect children’s best interests, and ensure fair outcomes for separated families.

In this article, we explore the key amendments, what they mean for parenting orders, and how they may impact families navigating the Family Court system.

Why Was the Family Law Amendment Act 2023 Introduced?

The Australian Government introduced the Family Law Amendment Act 2023 to address concerns about the complexity, delays, and confusion surrounding parenting disputes.

Key drivers for reform included:

• Simplifying the legislation for clearer parenting outcomes.
• Better protecting children from harm.
• Ensuring parenting decisions focus on the child’s best interests.
• Promoting safety, especially in cases involving family violence.

These changes seek to improve how courts decide on parenting orders under the Family Law Act 1975.

Key Changes to Parenting Arrangements

Simplification of the Best Interests Test The most significant change centres on how courts determine a child’s best interests. Previously, courts considered two primary factors and several additional considerations. The Amendment Act now replaces this with a streamlined list of six core considerations focusing on:

• Safety of the child and carers.
• Child’s views, appropriate to their maturity and age.
• Needs for meaningful relationships with parents and family.
• Impact of family violence and abuse.
• Practicality of arrangements.
• Any other relevant matter.

 Any other relevant matter.

Removal of Presumption of Equal Shared Parental Responsibility Under previous law, courts were required to consider equal shared parental responsibility. This sometimes led to confusion between decision-making responsibility and the time a child spends with each parent. The Amendment Act removes this presumption. Now, courts will focus on what arrangement best serves the child’s safety and welfare, without starting with an assumption about equal responsibility. This change could significantly affect parenting orders, particularly where there are risks of harm or conflict between parents.

Stronger Measures Against Family Violence Family violence remains a core consideration under the reforms. Courts must give greater weight to protecting children from physical or psychological harm. Family violence, abuse, or neglect concerns will now more directly influence parenting orders. Additionally, the reforms strengthen protections for vulnerable parties during Family Dispute Resolution (FDR).

Simpler Variation of Parenting Orders The new legislation makes it easier to vary parenting orders if circumstances change. Previously, a strict legal threshold had to be met before changing orders. Now, courts will have greater flexibility to vary orders if doing so serves the child’s best interests. This is particularly beneficial for families whose needs evolve over time.

Introduction of Parenting Frameworks for Aboriginal and Torres Strait Islander Children Courts must now actively consider the cultural needs of Aboriginal and Torres Strait Islander children when making parenting orders. This aims to promote greater inclusion and cultural connection within parenting arrangements, reflecting Australia’s commitment to reconciliation.

What Does This Mean for Parents?

The reforms signal a shift towards more child-focused, flexible, and safer parenting arrangements.

Key implications:

• Parenting orders will now better reflect each family’s unique circumstances.
• Courts will prioritise safety and wellbeing over previous “equal parenting” presumptions.
• Parents will need to provide clear evidence relating to the six new best interest factors.
• Changes encourage more amicable resolutions via Family Dispute Resolution before escalating to litigation.

How Can Families Prepare for Parenting Changes?

If you’re currently involved in a parenting dispute or considering changing parenting orders, it’s essential to: 

• Understand how the new best interests framework applies to your case.
• Gather relevant evidence, especially regarding family violence or safety concerns.
• Gather relevant evidence, especially regarding family violence or safety concerns.

The Family Law Amendment Act 2023 represents a significant step forward in modernising Australia’s Family Law system.

Its emphasis on safety, flexibility, and cultural sensitivity seeks to reduce conflict and place children’s wellbeing at the heart of every decision.

Contact New South Lawyers, our experienced Family Law team can guide you through these legal changes and protect your rights.