No More Presumption of Equal Shared Parental Responsibility
The Family Law Act 1975 has long guided how parenting responsibilities are shared after separation. A major change is now reshaping the landscape of parenting matters in Australia: the removal of the presumption of equal shared parental responsibility.
This reform signals a significant shift in how courts approach parenting decisions and what separating parents need to consider moving forward. But what does it really mean for Australian families?
Understanding Parental Responsibility Under Family Law
Under the Family Law Act, parental responsibility refers to the duties, powers and authority parents have in relation to their children. This includes decisions about education, health care, religion, and day-to-day welfare.
Before the recent changes, courts began with the presumption that it was in a child’s best interest for both parents to have equal shared parental responsibility—unless there were concerns about abuse or family violence. This didn’t mean equal time, but it did require parents to consult each other on major long-term decisions.
What’s Changed—and Why?
As of May 2024, the presumption of equal shared parental responsibility has been removed from the Family Law Act 1975, following recommendations from the Australian Law Reform Commission and the 2019 parliamentary inquiry into family law.
The presumption was criticised for:
Creating confusion between equal responsibility and equal time
Leading to unsafe outcomes in cases involving family violence
Being difficult to apply in high-conflict separations
The aim of the reform is to place greater focus on the best interests of the child, without assumptions based on parental status or time-share formulas.
So What Happens Now?
Without the presumption, courts now make parenting orders solely based on what’s best for the child, without starting from a default position.
The changes include:
A clearer list of factors to assess what is in a child’s best interests
Stronger emphasis on safety, particularly where family violence or abuse is alleged
More discretion for judges to tailor decisions to the individual needs of each family
Encouraging child-focused decision-making, rather than parental rights
Importantly, this does not mean one parent will automatically gain full responsibility. It simply means both parents are no longer presumed to share equal say in long-term decisions unless it is appropriate.
Impact on Parenting Arrangements and Custody
Parents negotiating parenting agreements will now need to move away from the mindset of “equal rights” and focus instead on what serves their child’s needs and welfare.
You should consider:
What routines and arrangements work best for your child’s schooling and emotional wellbeing
The presence or risk of family violence, neglect, or coercive control
Your ability to make decisions jointly or separately
These factors will shape both court orders and informal agreements.
How This Affects Family Law Practitioners and the Court Process
Family lawyers must now adapt how they guide clients, encouraging a child-centred approach and ensuring clients understand the shift away from parental entitlement.
Judges, in turn, have more flexibility and are no longer required to consider equal time as a starting point after ordering equal shared parental responsibility. Instead, they look holistically at what is in the child's best interests without being bound by a presumption.
This change may also streamline the legal process, especially in high-conflict or unsafe situations where equal responsibility was previously contested.
The Importance of Legal Guidance
If you’re a parent facing separation, these reforms can seem overwhelming. While the goal is to simplify and prioritise child safety, the Family Law system remains complex, particularly where disputes or safety concerns exist.
Seeking expert legal advice can help you:
Understand how the changes apply to your unique circumstances
Navigate parenting orders and agreements
Safeguard your children’s wellbeing
Avoid unnecessary court time and costs through mediation or collaborative law
The removal of the presumption of equal shared parental responsibility marks a new era in Australian Family Law—one that places the child at the centre of every parenting decision.
While it may feel like uncharted territory for separated parents, it offers a valuable opportunity to focus on outcomes that reflect a child’s real needs—safety, stability, and genuine care.
Contact New South Lawyers, we provide clear, expert advice tailored to your situation. Whether you're negotiating custody, navigating court orders, or seeking mediation—we’re here to support you every step of the way.
