The Family Law Act 1975 has undergone significant reforms aimed at creating a more child-focused approach to post-separation parenting. These changes have reshaped how parents share responsibilities and make decisions, placing more emphasis on what’s practical and in the best interests of the child. But what’s the difference between legal parenting responsibilities and the day-to-day practicalities of co-parenting—and how do these changes impact families navigating separation?

This article breaks down the distinction between legal and practical parenting, explores the recent reforms in Australian Family Law, and offers guidance on how to navigate co-parenting effectively in a post-reform landscape.

Understanding Legal vs Practical Parenting

Legal Parenting: The Framework Under the Family Law Act, legal parenting refers to the rights and responsibilities each parent has when it comes to decision-making. This includes major long-term decisions such as:

• Education
• Health care
• Religious upbringing
• Cultural identity
• Living arrangements

 Previously, the concept of equal shared parental responsibility was commonly interpreted as a default, which often caused confusion. However, the Family Law reforms of 2024 clarified that shared responsibility doesn't necessarily mean equal time with each parent. Instead, it highlights the duty to consult each other on significant matters.

Practical Parenting: The Realities Practical parenting involves the everyday responsibilities of raising a child. This includes:

• School drop-offs and pick-ups
• Meal preparation
• Managing routines
• Emotional support
• Attending extracurricular activities

 Practical arrangements vary greatly between families. Post-separation, this can become complex—especially if there are differing schedules, household rules, or levels of engagement.

Key Changes in the 2024 Family Law Reform

The most recent amendments to the Family Law Act 1975, which came into effect in 2024, introduced changes to improve clarity and reduce conflict in parenting matters. These include:

• Removing the presumption of equal shared parental responsibility Courts now focus solely on the best interests of the child without presuming equal decision-making roles.
• A simplified list of factors to help courts assess what arrangements support the child's wellbeing.
• Increased emphasis on children's voices and their right to participate in decisions affecting them.

These changes aim to reduce misinterpretation and avoid prolonged litigation—encouraging more practical and child-centred arrangements. Read more on the Federal Circuit and Family Court of Australia's parenting reforms

Aligning Legal Orders with Practical Parenting

Even with legal orders in place, successful co-parenting requires communication and flexibility. Consider these steps to align your parenting plan with real-world needs:

Create a Practical Parenting Schedule Ensure the schedule is realistic. Consider school terms, work commitments, and children’s activities. It’s important to accommodate the child’s needs—not just each parent’s preferences.

Use Written Agreements or Consent Orders A parenting plan (informal) or a parenting order (legal) can help manage expectations and prevent misunderstandings. These agreements should address both decision-making and day-to-day routines. Find more about parenting orders here

Prioritise the Child’s Best Interests Whether it’s a legal or practical decision, all parenting decisions must centre around the child’s wellbeing. This includes their need for stability, safety, and a meaningful relationship with both parents.

Managing Disagreements in Co-Parenting

Disagreements are common in co-parenting, especially when transitioning from a shared life to separate households. The Family Law reforms encourage alternative dispute resolution before court, such as:

• Family Dispute Resolution (FDR): A confidential mediation service aimed at helping parents reach a mutual agreement.
• Parenting Coordination: A child-focused process helping parents manage ongoing parenting plans and communication.

Find out more at Family Relationship Services Australia (FRSA)

Special Considerations in Family Law Parenting Matters

Children’s Voices The new law reinforces that children have a right to be heard. Their views may be included through family consultants or independent children’s lawyers.

Domestic Violence and Safety Where safety is a concern, courts must prioritise protection from harm over maintaining relationships with both parents. This is especially relevant in cases involving coercive control or family violence.

Relocation and Travel Changes to living arrangements—like relocating interstate—must be agreed upon or approved by the court. These decisions require balancing parental freedom with the child's connection to both parents.

Let Experts Guide You Through Co-Parenting Post-Reform

At New South Lawyers, we understand that post-separation parenting is more than just legal terminology—it’s about what works in real life. With the Family Law landscape evolving, our team helps you:

• Understand your legal obligations
• Draft fair and practical parenting plans
• Negotiate and formalise agreements
• Prioritise your child’s best interests

We also help you access free legal support through JustFund, so cost is never a barrier to protecting your family’s future.

Whether you're managing shared care or navigating disputes,

Contact New South Lawyers today. We offers compassionate and strategic guidance every step of the way.