In Australian family law, equal shared parental responsibility refers to both parents sharing decision-making on major long-term issues about their child, such as education, health care, names and religious and cultural upbringing.
It does not mean that a child must live with or spend equal time with each parent, nor does it govern day-to-day decisions like what a child eats or wears. The goal is to ensure that both of the child’s parents remain involved in important aspects of the child’s life, even after separation.
What did equal shared parental responsibility mean until May 6th 2024?
Before 6 May 2024, there was a presumption of equal shared parental responsibility under section 61DA of the Family Law Act 1975. This presumption applied in all parenting proceedings unless there were reasonable grounds to believe a parent had engaged in family violence or child abuse. Where the presumption applied, the court was then required to consider whether the child should spend equal time or substantial and significant time with each parent (section 65DAA).
While this model intended to encourage joint decision making and involvement by both parents, it became increasingly misunderstood and misapplied. Many separated parents interpreted the presumption as a right to equal time with the child, regardless of the circumstances. This often led to prolonged litigation, confused expectations, and outcomes that were not necessarily in the best interests of the child.
What changed in May 2024 – and why?
The Family Law Amendment Act 2023, which took effect on 6 May 2024, made significant changes to how parenting matters are determined. The key shift was the removal of the presumption of equal shared parental responsibility from section 61DA. The change followed extensive consultation and recommendations from the Australian Law Reform Commission, the Family Law Council, and numerous stakeholders in the family law system.
The amendment was motivated by growing concerns that the presumption led to outcomes that placed children at risk, especially in cases involving family violence, emotional and cultural harm, or parental conflict. The reform aimed to simplify parenting laws, reduce litigation, and place greater focus on the child’s developmental, psychological, emotional and cultural needs.
What parental responsibility looks like in 2025
Now, when making parenting orders, the court considers each case on its individual merits. Rather than applying a presumption, the court determines what parental responsibility arrangement will serve the child’s best interests. This includes assessing whether shared parental responsibility (i.e., joint decision-making on major long-term issues) is appropriate in the particular circumstances.
Where orders for shared parental responsibility are made, parents must still consult each other and attempt to reach an agreement on key matters. However, there is no longer a mandated link between shared parental responsibility and equal time. Instead, the court looks holistically at what living and time arrangements are best for the child.
What about existing parenting orders made before 6 May 2024?
Parenting orders made before the amendments remain legally binding. If those orders involve equal shared parental responsibility or stipulate equal or significant time with both parents, they continue to apply unless varied by a court. Parents can seek to modify orders if there has been a significant change in circumstances or if the existing arrangements no longer reflect the child’s best interests.
The court will not automatically apply the new law to past cases, but it can reassess your parenting orders if there has been a significant change in circumstances. This might include changes in your child’s developmental needs, family dynamics, safety concerns, or practical issues affecting how the orders work day to day.
The court will consider the current law when deciding whether new arrangements are more appropriate. If your situation aligns more closely with the principles introduced by the Family Law Amendment Act, the court can issue updated orders based on the new best interests framework and remove any presumption that no longer applies.
If you believe your current orders no longer reflect what’s best for your child, or if they’re proving difficult to follow or enforce, it may be time to seek advice from a family law professional about your options.
How will parenting matters be decided now?
When deciding parenting arrangements or approving a parenting plan, the court’s paramount consideration remains the child’s best interests (section 60CC(2)).
This includes factors such as:
- the benefit of the child having a meaningful relationship with both parents
- the need to protect the child from physical or psychological harm
- the child’s views (depending on age and maturity)
- the child’s cultural upbringing, particularly for Aboriginal or Torres Strait Islander children
- the capacity of each parent to provide for the child’s developmental, emotional and psychological needs
If family violence orders, coercion or high conflict are present, the court may find that sole decision-making (sole parental responsibility) is appropriate. In lower-risk cases, the court may still order shared parental responsibility but will not automatically consider equal time.
Why these changes reflect the child’s best interests
The shift away from a blanket presumption of equal shared parental responsibility is rooted in a growing understanding of the complexities of separated families. Not all family situations benefit from joint decision-making, especially where communication is poor or safety is a concern. The law now prioritises arrangements that align with the child’s living arrangements, safety, and long-term wellbeing, rather than enforcing a one-size-fits-all model.
By focusing on flexibility, the new approach empowers the court to assess each case in context. It acknowledges the diversity of family law children matters and the importance of protecting children from other harm that can arise from conflict or instability.
How courts are now applying the changes
Under the updated Family Law Act, judges now take a more streamlined approach. They assess the major long-term issues relevant to each case and determine whether the parents are capable of making decisions together. The requirement for courts to consider spending equal time (section 65DAA) only arises where shared parental responsibility is first found to be appropriate.
In cases where family dispute resolution has not led to agreement, the court may rely on input from a family dispute resolution practitioner, family consultant, or family counsellor, alongside reports and evidence about the child’s needs and family dynamics.
Final thoughts
The amendments to Australian family law have clarified the meaning and use of shared parental responsibility, reinforcing the focus on the child’s best interests as the guiding principle. Separated parents are encouraged to take a cooperative approach and seek professional support where needed.
Whether you are addressing a new parenting matter or reviewing existing orders, it is important to understand your responsibilities and options. Get in touch with the team at Avokah Legal if you need help making parenting arrangements that work for your child, now and into the future.