Detailed Summary: Key Changes in the Family Law Courts Since 2022

Overview

Since 2022, Australia's family law system has undergone significant procedural and legislative reform. These changes aim to simplify parenting decisions, improve court efficiency, strengthen protections for families affected by violence, and modernise financial and property proceedings.

The reforms can be grouped into four key areas:

  1. Court procedure and case management reforms – including amendments to the Federal Circuit and Family Court of Australia (Family Law) Rules 2021.
  2. Parenting law reforms – commencing 6 May 2024 under the Family Law Amendment Act 2023.
  3. Further court rules and practice changes – introduced throughout 2024 to align court processes with the parenting reforms.
  4. Financial, property, disclosure and evidence reforms – commencing 10 June 2025 under the Family Law Amendment Act 2024.

Although family law matters are often managed through New South Wales practitioners and registries, the primary jurisdiction remains federal. Most proceedings involving parenting, property settlement, divorce, spousal maintenance and child-related matters are governed by the Family Law Act 1975 (Cth) and heard in the Federal Circuit and Family Court of Australia (FCFCOA).

1. Parenting Law Reforms (Effective 6 May 2024)

Commencement

The Family Law Amendment Act 2023 was passed by Parliament on 19 October 2023, with the major parenting law reforms commencing on 6 May 2024.

The reforms simplify parenting laws while placing a stronger emphasis on child safety and family violence.

A. Simplified Best Interests of the Child Test

Section 60CA of the Family Law Act 1975 continues to provide that the best interests of the child remain the paramount consideration when making parenting orders.

However, section 60CC was significantly amended to simplify the factors courts must consider.

The Court must now consider:

  • arrangements that best promote the safety of the child and anyone caring for the child, including protection from:
    • family violence
    • abuse
    • neglect
    • other harm
  • the child's views
  • the child's:
    • developmental
    • psychological
    • emotional
    • cultural needs
  • each person's capacity to meet the child's needs
  • the benefit of the child maintaining relationships with:
    • parents
    • other significant people,
      where it is safe to do so
  • any other relevant circumstance affecting the child.

Major Change

The previous lengthy list of primary and additional considerations has been replaced with a simpler framework that prioritises:

  • child safety
  • child wellbeing
  • practical parenting arrangements.

B. New Approach to Joint Decision-Making

The reforms replace the former emphasis on equal shared parental responsibility.

Where parenting orders require joint decision-making on major long-term issues, the parties must:

  • consult one another; and
  • make a genuine effort to reach a joint decision.

However, consultation is not required for ordinary day-to-day parenting decisions while the child is in a person's care.

Examples include:

  • meals
  • clothing
  • bedtime routines
  • everyday activities.

Major Change

Parents are only required to jointly decide on major long-term issues, rather than routine parenting decisions.

C. Removal of Mandatory Equal Time Consideration

The former section 65DAA required courts, in certain circumstances, to consider:

  • equal time; or
  • substantial and significant time.

This requirement has now been repealed.

Instead, courts determine parenting time solely by applying the revised best interests factors under section 60CC.

Major Change

There is no longer any presumption or mandatory consideration of equal time.

The focus is now on what arrangement best serves the child's interests.

D. Reconsidering Final Parenting Orders

A new section 65DAAA establishes when final parenting orders can be reconsidered.

Before reconsidering a final parenting order, the Court must determine whether:

  • there has been a significant change in circumstances since the order was made; and
  • reconsidering the order would be in the child's best interests.

Major Change

The reforms reinforce the principle that final parenting orders should only be revisited where there is a genuine reason to do so.

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