In May 2024, significant reforms to Australia’s Family Law Act 1975 came into effect, marking the most substantial legislative overhaul in decades. Designed to simplify the legal process and prioritise the best interests of children, these changes have far-reaching implications—especially for separated parents navigating parenting arrangements and court proceedings.

Whether you’re currently negotiating a parenting plan, seeking legal advice, or already involved in proceedings, understanding how the 2024 Family Law reforms impact you is essential.

What Prompted the Changes?

The reforms follow years of feedback from families, judges, legal professionals, and advocacy groups. The previous system was criticised for being overly complex, particularly the presumption of equal shared parental responsibility, which often led to confusion and misinterpretation.

The new amendments aim to:

• Provide clearer guidance on parenting decisions
• Better align outcomes with the best interests of the child
• Ensure more consistent and child-focused rulings in the Family Court

Key Changes to the Family Law Act 1975 in 2024

Here are the most notable changes relevant to separated or divorced parents:

Removal of the Presumption of Equal Shared Parental Responsibility Previously, courts often began with the presumption that both parents should equally share responsibility for making major decisions about their child’s life. This often led to confusion between “parental responsibility” and time spent with the child. From May 2024, this presumption has been removed. Courts now assess each situation based on what is in the child’s best interests, without automatically assuming shared decision-making. Impact: Parents must now clearly demonstrate their capacity to contribute positively to a child’s life, rather than rely on default equal responsibility.

Simplified Best Interests Criteria The legislation has reduced the number of factors courts must consider when determining a child's best interests. This makes the law easier to understand and more predictable in its outcomes. The two primary considerations now are:

• The benefit of a child having a meaningful relationship with both parents.
• The need to protect the child from harm, including exposure to abuse, neglect or family violence.

 Impact: This change places a stronger emphasis on safety and wellbeing, especially in high-conflict or abusive environments.

Improved Voice of the Child Children now have greater opportunity to express their views during proceedings. The law strengthens mechanisms that allow children’s voices to be heard—typically through Independent Children's Lawyers or family consultants. Impact: Parents must be prepared for children’s preferences and emotional wellbeing to play a more visible role in parenting decisions.

Clarification on Parenting Orders and Arrangements Parenting orders are now framed with clearer language, reducing ambiguity about what parents must do. The courts have been given broader discretion to create parenting arrangements tailored to the unique needs of each family. Impact: Separated parents need to be more proactive in providing well-documented, child-focused parenting plans to avoid lengthy litigation.

Restrictions on Vexatious Litigation The reforms also aim to protect children and parents from repeated or unnecessary legal applications by an ex-partner. Courts can now prevent a party from filing further applications without prior permission if deemed vexatious or harmful. Impact: This reduces stress and potential manipulation of the legal system, especially in cases of coercive control or post-separation abuse.

How Do These Changes Affect You?

If you're a separated parent in Australia, you may need to revise existing parenting arrangements, consult with a Family Law solicitor, or prepare for family dispute resolution in a different legal landscape.

Where to Get Help If you're uncertain about how these reforms apply to your situation, it’s vital to seek legal advice. At New South Lawyers, we specialise in guiding parents through complex parenting matters under the Family Law Act 1975.Our team is ready to help you:

• Understand your new rights and obligations
• Draft or revise your parenting plan
• Prepare for mediation or court
• Protect your children’s best interests

And thanks to support through JustFund, eligible clients can access assistance at no upfront cost

Don’t navigate these Family Law reforms alone

Contact New South Lawyers today to get expert guidance tailored to your family’s needs.Let us help you put your child’s best interests first—with clarity, care and confidence.