Family Law Amendment Act 2023: What Changed for Australian Parents in May 2024
Family Law Amendment Act 2023: What Actually Changed
The Family Law Amendment Act 2023 commenced on 6 May 2024, delivering the biggest overhaul of Australian parenting law in nearly two decades. If you're going through separation now, you're operating under a fundamentally different framework than parents who separated before that date.
Here's what changed, what stayed the same, and what it means for your parenting arrangement.
The Three Major Repeals
1. Equal Shared Parental Responsibility Presumption — Gone
Before May 2024, courts started from a legal presumption that both parents should share "equal shared parental responsibility" — meaning joint decision-making on major long-term issues like schooling, healthcare, and religious upbringing. The presumption could be rebutted, but it was the default starting point.
That presumption has been entirely repealed. Courts now allocate decision-making authority based purely on the child's best interests, case by case. The new framework introduces "consultation on major long-term issues" — parents are encouraged to consult on big decisions, but there's no automatic presumption they'll share that authority equally.
2. Mandatory Equal Time Consideration — Gone
Under the old law, if equal shared parental responsibility was ordered, courts were required to consider whether "equal time" was reasonably practicable. If not, they had to consider "substantial and significant time."
That two-step cascade no longer exists. There's no legislative hierarchy of time arrangements. Courts design schedules based entirely on individual circumstances — a 50/50 split, a 70/30 arrangement, or any other structure that serves the child's interests.
3. Two-Tier Best Interests Test — Simplified
The old Section 60CC framework sorted considerations into "primary" and "additional" categories, creating a complex hierarchy that courts and self-represented parents found unwieldy.
The new framework consolidates everything into six equal-weight factors:
- Safety of the child and any caregiver
- The child's views (evaluated flexibly — no rigid age formula)
- Developmental, emotional, and cultural needs
- Parental capacity to meet those needs
- Relationship benefits of maintaining safe connections with both parents and significant relatives
- Any other relevant circumstances
What's New (Not Just Repealed)
Codified Rice v Asplund
Previously, the test for varying final parenting orders was governed by case law (the Rice v Asplund principle). The 2023 Act codified it: a parent must now demonstrate a "significant change in circumstances" since the final order was made before the court will reconsider.
Strengthened First Nations Provisions
Courts must now specifically evaluate the child's right to experience and maintain their Aboriginal or Torres Strait Islander culture, including connections to country, community, and kin. This was previously a general consideration — it's now a standalone statutory requirement.
Harm Framework
The reforms introduced a clearer framework for how courts assess exposure to family violence, abuse, and neglect as part of the safety consideration. The threshold for recognising indirect harm (witnessing violence, living in a violent household) was strengthened.
What Didn't Change
- Family Dispute Resolution is still mandatory before court, unless violence or urgency exemptions apply
- Section 60I certificates still required for contested applications
- Consent orders still work the same way — file Form 11 via the Commonwealth Courts Portal
- The FCFCOA still handles all parenting matters (not state or territory courts)
- Property division was unaffected by these reforms
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What This Means If You're Separating Now
If you're negotiating a parenting plan or heading to mediation, these reforms actually simplify things. There's no presumption to argue around — the conversation starts and ends with what arrangement works best for your child.
If you're working from resources published before May 2024, check whether they reference the old framework. Advice about "equal shared parental responsibility" or the "equal time" consideration is outdated.
The Northern Territory Child Custody & Parenting Plan Guide covers the complete post-reform framework, including the new Section 60CC best interests test, updated court fees (from 1 July 2026), and practical templates built around the current law.
Get Your Free Northern Territory — Parenting Plan Starter Checklist
Download the Northern Territory — Parenting Plan Starter Checklist — a printable guide with checklists, scripts, and action plans you can start using today.