What the 2024 Family Law Changes Mean for Your Parenting Arrangements

Disclaimer: This article provides general information only and is not legal advice. Please consult a family lawyer for advice specific to your situation. Last legally reviewed: 19 June 2026.

What the 2024 Family Law Changes Mean for Your Parenting Arrangements

If you've been separated for a few years, you probably remember the phrase "equal shared parental responsibility." For nearly two decades, it was the starting point for every parenting case in Australia. That changed in May 2024 with the Family Law Amendment Act 2023 — and it's worth understanding why, and what it means for your family.

The Big Shift: Goodbye to the Presumption

The most significant change was the repeal of the presumption of equal shared parental responsibility under section 61DA of the Family Law Act. Previously, the court started from the position that both parents should share decision-making equally. Now, there is no automatic starting point — the court simply decides what arrangement is in the best interests of the child, based on a revised list of factors.

This doesn't mean shared parenting is dead. What it means is that the law no longer assumes one size fits all. For parents who cooperate well, shared decision-making still makes sense — and courts will still order it. For parents in high-conflict or family-violence situations, the removal of the presumption means the court can fashion arrangements that actually work, rather than forcing a structure that doesn't.

Mandatory Family Dispute Resolution from July 2025

Since July 2025, most parents must attempt family dispute resolution (FDR) before filing a parenting application in court. There were always FDR requirements, but they're now tighter, with fewer exceptions. If you haven't tried mediation — with a registered FDR practitioner, not just a chat over coffee — you're unlikely to get in front of a judicial officer.

The Children's Charter (October 2025)

From October 2025, the court can appoint an independent children's lawyer to present a "Children's Charter" — a document that articulates what the child wants, framed in their own words where appropriate. It's not a wish list that binds the court, but it is given genuine weight. Expect this to reshape cases involving older children and teenagers who have clear views about their living arrangements.

Plain English Parenting Orders

One of the more practical — and overdue — reforms: parenting orders must now be written in plain English, avoiding legal jargon. This means orders should spell out exactly who does what, when, and where, in language both parents can understand. No more arguing about what "substantial and significant time" actually means.

What This Means for You, Practically

Document everything. With the presumption gone, the court will rely more heavily on the factual history of your co-parenting — who has done what, when, and how well. Contemporaneous records of communication, handovers, expenses, and decision-making carry more weight than post-separation recollections.

Get to mediation early. The tighter FDR requirements mean you'll save time and money by engaging with the process rather than trying to bypass it.

Write agreements clearly. With plain English orders now the standard, parenting plans and consent orders should be specific — which parent has care on which school holiday dates, who does pickup on Tuesdays, how extracurricular costs are split.

A co-parenting platform that generates contemporaneous records is more important now than ever — courts want facts, not recollections. CoParentOS helps you keep track of every communication, expense, and schedule change in one place, so when you need to show what's actually happened, you're not relying on memory.