This article provides general information only. It is not legal advice. Australia’s family law system continues to evolve, and since 2024 three significant changes have affected a wide range of family law matters. Below is a plain-English summary of the main reforms.
Key takeaways
Parenting changes in the Family Law Act from 6 May 2024
Name: Family Law Amendment Act 2023.
Commenced: 6 May 2024.
This amendment introduced several changes to parenting arrangements. The major elements are summarised below. For the full list, the Attorney-General’s Department fact sheet for professionals may be helpful.
Determining what is in a child’s best interests
The Federal Circuit and Family Court of Australia (FCFCOA) now applies a refined list of six factors when deciding what is in a child’s best interests:
Arrangements that promote the safety of the child and anyone caring for the child from family violence, abuse, or neglect.
The child’s views.
The developmental, psychological, emotional, and cultural needs of the child.
The capacity of each parent (or other proposed carer) to provide for those needs.
The benefit to the child of having a relationship with each parent and any other significant person, such as an extended family member.
Any other factor that the Court considers relevant.
For Aboriginal and Torres Strait Islander children, the Court must also consider the child’s right to enjoy their culture and the support that would help connect them with it. More information is available from the Attorney-General’s Department.
Removal of the presumption of equal shared parental responsibility
The Family Law Act 1975 previously contained a presumption that parents should share responsibility for long-term decisions about their child’s upbringing. There were concerns this presumption was being misinterpreted as a starting point for equal time. The amendment removed the presumption. Decisions are now based on what is in the child’s best interests, without any presumption about shared responsibility.
Removal of mandatory consideration of certain time arrangements
Previously, where equal parental responsibility was ordered, the FCFCOA had to consider certain time arrangements (such as equal time or significant and substantial time with both parents). The Court may still consider those options, but the only requirement now is to consider what is in the child’s best interests.
Obligations of independent children’s lawyers
The amendment requires independent children’s lawyers (ICLs) to meet with the child to give them the chance to express their views. The aim is to involve children more meaningfully in the process. An ICL may not need to perform this duty if:
The child is under 5 years of age.
The child does not want to meet with the lawyer.
The meeting would expose the child to safety concerns.
Property settlement changes in the Family Law Act from 10 June 2025
Name: Family Law Amendment Act 2024.
Commenced: 10 June 2025.
Some of the significant changes to property settlement rules are set out below. The FCFCOA publishes a summary of these property and financial changes, and the Attorney-General’s Department maintains its own information for professionals.
Definition of family violence
The amendment clarifies that economic or financial abuse is included in the definition of family violence. It is now a separate provision with an expanded example. New examples of dowry abuse are also included.
Property framework amendments
The Court will only make a property order once it is satisfied that the division is just and equitable. The amendment clarifies the steps the Court works through:
Identify each party’s legal and equitable interests in any property or liability in the pool, and consider the parties’ financial and non-financial contributions.
The Court may allocate a percentage entitlement based on those contributions.
Consider each party’s current and future circumstances. The Court may adjust the division if one party’s future needs warrant it.
Determine the final percentage split that is just and equitable in the circumstances.
Outcomes depend on the property pool, the parties’ contributions, and their future needs. Percentages cannot be predicted in advance.
New considerations introduced by the amendment include:
The effect of family violence on a party’s ability to make contributions.
The economic effect of family violence on a party’s future circumstances.
The effect of any deliberate wastage of the property pool.
The impact of any liabilities and the circumstances surrounding them.
The need for a party to provide appropriate housing for a child under 18 years of age.
The effect of family violence on a party’s need for spousal maintenance.
Companion animals
The amendment creates a separate framework for companion animals (animals kept mainly for companionship). The Court may make orders for sole ownership or for the animal to be transferred to the other party. It cannot make an order for shared ownership.
Factors the Court may consider include:
Any history of abuse towards the animal.
Attachments to the animal.
The ability of the parties to care for the animal.
Less adversarial approach
The amendment supports a less adversarial approach in some circumstances, to reduce the stress of court processes. The Court may permit parties to participate remotely via video link where there are family violence risks, and may allow specific evidence of family violence that would not otherwise be admissible.
This approach generally applies to parenting matters. For non-parenting matters, it may be used at the Court’s discretion or with the parties’ consent.
Attending family dispute resolution
Parties seeking a parenting order are generally required to attend family dispute resolution (FDR) as part of pre-action procedures, unless an exemption applies. The amendment gives the Court express power to reject cases that have not complied with pre-action procedures and do not have a valid exemption.
Duty of financial disclosure
The duty of full and frank disclosure has been elevated from the Family Law Rules into the Family Law Act 1975 itself. Legal practitioners and family dispute resolution practitioners now have an obligation to inform clients about the disclosure duty and the consequences of failing to comply.
Children’s contact services
Children’s contact services (CCS) help separated parents stay in contact with their children. The amendment allows the Australian Government to set accreditation rules for the provision of CCS. Information sharing may be limited where it could compromise the safety of a party using CCS.
Case management and procedure
Other changes include:
Removing the limitation on application for divorce. Couples married less than two years no longer have to attend marriage counselling before applying for a divorce.
Attendance at divorce proceedings. Joint and sole applicants now have the same attendance requirements. Sole applicants with children under 18 no longer have to attend court.
State court rule-making power. The amendment empowers a State Family Court to make its own rules when exercising federal family law jurisdiction.
Queensland police protection directions from 1 January 2026
Name: Domestic and Family Violence Protection and Other Legislation Amendment Act 2025.
Commenced: 1 January 2026.
Queensland recently amended its domestic and family violence legislation to introduce Police Protection Directions (PPDs).
If you or someone you know is in immediate danger, call 000. For 24/7 confidential support, contact 1800RESPECT on 1800 737 732.
What are PPDs?
PPDs allow police to provide immediate protection to a person experiencing domestic violence, and to hold the respondent accountable. A PPD contains the standard condition that the respondent must not commit domestic violence against the aggrieved person or any other named party. PPDs can only be issued where it is not more appropriate to apply for a protection order in court.
When PPDs may be used
PPDs are not appropriate in every situation. The following is a general guide only.
When a PPD may be issued
The parties are in a relevant relationship.
The respondent has committed domestic violence.
A PPD may provide protection for the aggrieved.
Applying for a protection order is not more appropriate.
The issuing officer may consider the wishes of the aggrieved person, for example whether they would prefer to proceed to court.
When a PPD will not be issued
Either party is a child.
Either party is a police officer.
Police consider it necessary to take the respondent into custody.
A domestic violence order (DVO) relating to the parties is in effect or has been previously.
The respondent has been convicted of domestic violence in the last two years.
This is not an exhaustive list. Further information is available in the Queensland Government PPD information sheet.
Are you experiencing domestic violence?
If you are in immediate danger, call 000. Other support services include:
1800RESPECT. The national sexual assault, domestic and family violence counselling line. Call 1800 737 732 or visit 1800respect.org.au.
DVConnect Womensline (Queensland): 1800 811 811. DVConnect Mensline: 1800 600 636.
Women’s Legal Service Queensland. Free legal help for women experiencing domestic and family violence. Visit wlsq.org.au.
Legal Aid Queensland. Free legal information and access to representation in some matters. Visit legalaid.qld.gov.au.
Conclusion
Keeping up with reforms to family law can help separated families understand the system. Since 2024, parenting, property, and Queensland domestic violence legislation have all been updated. These reforms have generally aimed to clarify the law, streamline processes, and increase protection for people affected by family violence. The current legislation can be read on the Federal Register of Legislation.
Do you need help with a family law matter?
Ferrall & Co provides family law assistance for clients across Caloundra and the Sunshine Coast. Contact our office to discuss your circumstances.
Disclaimer: This article provides general information only. It is not legal advice. Family law outcomes depend on your circumstances. You should speak with a family lawyer before making decisions about your matter.
