Disposing with the Presumption of 'Equal Shared Parental Responsibility' and Other Recent Changes to the Family Law Act

Some significant changes to Australia's Family Law Act 1975 (’the Act’) came into effect from 6 May 2024, with implications both for parties seeking resolution of parenting matters through the courts and legal practitioners.

The key amendments are the removal of the presumption of equal shared parental responsibility and revisions to the ‘best interests’ factors used by the court to determine parenting arrangements for children. Understanding these changes is essential for parents navigating the family law system in Australia so we’ll try to shed some light on them in this article.

Removal of equal shared parental responsibility

One of the most notable changes to the Act is the removal of the presumption of equal shared parental responsibility. Previously, the Act operated on the principle that it is in the best interests of the child for both parents to have equal shared responsibility for major decisions affecting their upbringing, such as education, health care and religious upbringing, found in section 61DA.

However, the 2024 amendments recognise that equal shared parental responsibility may not always be suitable or practical in every case. One of the motivations for the change was that the presumption created an inaccurate expectation in parents of a right to spend equal time with their children.

The removal of this presumption allows the court to consider each family's unique circumstances and dynamics when determining parental responsibility arrangements. It no longer has to presume it is in the best interests of the child for the child’s parents to be required to make joint decisions in relation to major long-term issues (such as education, religious and cultural upbringing, health, name and significant changes to living arrangements), unless the presumption is rebutted. This shift reflects a more nuanced approach to parenting arrangements that prioritises the best interests of the child above all else.

Despite the change, separated parents retain parental responsibility, which can be exercised jointly or separately, unless this is varied by a court order (section 61C).

The change includes removal of section 65DAA, which required courts to consider making an order that the child spend equal time, or substantial and significant time, with each parent, if an order for equal shared parental responsibility was made. The court may still, however, consider equal time arrangements, or arrangements that give substantial or significant time with each parent, in accordance with the child’s best interests.

In place of the presumption, a new section, 61CA, encourages parents to consult each other about major long-term issues in relation to the child, having regard to the best interests of the child as the paramount consideration, unless there are court orders stating otherwise, and if it is safe to do so. 

Changes to best interests factors

In addition to removing the equal shared parental responsibility presumption, the amendments to the Act introduced changes to the best interests factors that the court considers when making decisions about parenting arrangements. These factors provide a framework for assessing what arrangement would best promote the welfare and development of the child involved.

The new list of six core factors follows 2019 recommendations by the Australian Law Reform Commission and it should be noted are non-hierarchical and of equal weight. The court must now consider the factors in 60CC(2), including:

• what arrangements would promote the safety (including safety from family violence, abuse, neglect, or other harm) of the child; and each person who has care of the child (whether or not a person has parental responsibility for the child);
• any views expressed by the child;
• the developmental, psychological, emotional and cultural needs of the child;
• the capacity of each person who has or is proposed to have parental responsibility for the child to provide for the child’s developmental, psychological, emotional and cultural needs;
• the benefit to the child of being able to have a relationship with the child’s parents, and other people who are significant to the child, where it is safe to do so, and;
• anything else that is relevant to the particular circumstances of the child.
• Subsection 60CC(2A) emphasises that family violence orders and past family violence, abuse and neglect are significant factors in determining future parenting arrangements.

Impact and implications

By removing the presumption of equal shared parental responsibility and prioritising the best interests of the child, the amendments aim to ensure that parenting arrangements are tailored to meet the unique needs and circumstances of each family.



The changes reflect a shift towards a more child-centred approach to family law, and to empower the court to make decisions that are truly in the best interests of the child involved.

Discuss your case with family law experts

The amendments to the Family Law Act 1975 represent a significant evolution in the country's approach to parental responsibility and child custody arrangements. If you need more information or advice on what the changes might mean for your parenting matter, please contact our highly experienced family law practitioners for an initial consultation.