October 6th, 2025

Parenting Law Changes 2024 — What Parents Need to Know in 7 Minutes

⚖️ Key Changes at a Glance

  1. No more presumption of equal shared parental responsibility.

  2. Courts now look at six simplified “best interests” factors (+1 for First Nations children).

  3. Shift from “equal time” focus → towards safe, practical, child-focused arrangements.

  4. Clearer rules on decision-making responsibility – who decides school, health, religion, and other “big decisions.”

  5. Stronger guidance on family violence, safety risks, and past behaviour.

🌟 Quick Summary

From 6 May 2024, the Family Law Act (Cth) was updated.
Changes affect parenting cases, decision-making, and how courts decide “best interests.”

Focus = child safety, needs, and stability.

🔍 The Six Best-Interests Factors

  1. Safety – free from family violence, abuse, neglect.

  2. Needs – child’s development, education, culture, health.

  3. Views – children’s voices considered in safe ways.

  4. Relationships – importance of parents, family, kin.

  5. Care capacity – who can meet the child’s needs best.

  6. Past behaviour – history of violence, neglect, or cooperation.

  • Connection to culture, kin, and Country for Aboriginal and Torres Strait Islander children.

📑 Decision-Making Responsibility Explained

The law now makes it clearer who decides what.

  • Courts talk about decision-making responsibility, not “equal shared parental responsibility.”

  • Responsibility can be:

    • Shared – both parents must agree on major issues.

    • Sole – one parent decides, often where safety is a concern.

    • Divided – different parents decide on different areas (e.g., one on education, one on health).

Big decisions typically include:

  • Education

  • Health

  • Religion and culture

  • Relocation

Day-to-day matters (bedtimes, meals, homework) are decided by the parent caring for the child at the time.

💡 What This Means for Parents

  • Parenting proposals need to show how they meet these factors.

  • Evidence of safe, stable care matters more than “50/50 time.”

  • Agreements should focus on children’s needs first, not parent convenience.

  • Child support is separate — payments are based on each parent’s income and the number of nights a child spends with each parent. It does not require 50/50 care. Even with equal time, child support can still be payable if incomes differ.

🌿 Why It Matters

The new law:

  • Makes it easier for parents to understand what judges look for.

  • Reduces jargon, simplifies decisions.

  • Keeps children’s safety and wellbeing at the centre.