Parenting orders are legally binding orders from the Federal Circuit and Family Court of Australia that set out where a child lives and how they spend time and communicate with each parent. Since the 2024 Family Law Act reforms there is no longer a presumption of 'equal shared parental responsibility' — the Court decides each case on the child's best interests, and where protecting the child from harm conflicts with the benefit of a meaningful relationship with both parents, protection from harm prevails. This guide explains what the 2024 reforms changed and what they mean for separated parents in 2026, including how parenting matters are now approached.
What was removed
The 2024 amendments removed the previous statutory presumption that 'equal shared parental responsibility' was in the best interests of the child. The presumption had been widely criticised on two grounds: it was often misunderstood by separating parents as a presumption of equal time, and it created a structured starting point that the Court had to work against in cases involving family violence.
The removal does not mean equal shared parental responsibility is now disfavoured — only that there is no longer a starting presumption. The Court decides parental responsibility on the facts of each matter.
What the Court now focuses on
The Court must decide what is in the best interests of the child. The Family Law Act sets out the factors that go into that assessment. The two primary considerations are: the benefit to the child of having a meaningful relationship with both parents; and the need to protect the child from physical or psychological harm, including from being exposed to family violence.
Where those two primary considerations conflict, the need to protect the child from harm prevails. This is a significant shift in emphasis — though many practitioners would say it codifies what the Court was doing in practice anyway.
Beyond the primary considerations, the Court looks at the views of the child (with weight depending on age and maturity), the relationship between the child and each parent and other significant people, the practical effects of any proposed arrangement, family violence history, Aboriginal or Torres Strait Islander cultural considerations, and a range of other matters.
Equal time and substantial-and-significant time
The Court no longer has a presumption-driven obligation to consider equal time or substantial-and-significant time. Those concepts still exist as practical descriptions of arrangements, but the Court is no longer required to consider them in a particular sequence as it was previously.
Practically, equal time arrangements still exist and are still made in appropriate cases. The shift is one of emphasis — the Court considers what works for the child rather than working through a statutory checklist.
What this means for separating parents
If you are separating and trying to work out parenting arrangements, the changes mean two things. First, you cannot start with the assumption of equal shared parental responsibility — you and the other parent are starting on a blank page, and what you agree to is binding once it is in a parenting plan or parenting orders. Second, where there is any family violence history, that history will be given significant weight by the Court.
Practical, child-focused arrangements that take account of schooling, friendships, extended family, and religious or cultural observance are now arguably easier for the Court to make — and the same is true for arrangements involving potential international relocation. The framework supports tailoring rather than templating.
Parenting orders — frequently asked questions
What are parenting orders in Australia?
Parenting orders are legally binding orders made by the Federal Circuit and Family Court of Australia that set out the arrangements for a child after separation — who the child lives with, how they spend time and communicate with each parent, and how parental responsibility for major long-term decisions such as schooling, health and religion is shared. They can be made by consent, or after a hearing if parents cannot agree.
What is the difference between a parenting plan and parenting orders?
A parenting plan is a written, signed and dated agreement between parents — it is flexible but not legally enforceable. Parenting orders are made or approved by the Court and are legally binding and enforceable. Parents who agree can have their arrangement made into consent parenting orders without attending a contested hearing.
Is equal shared parental responsibility still the law in Australia?
No. The 2024 amendments to the Family Law Act removed the presumption of equal shared parental responsibility, so it is no longer the starting point. The Court now decides parental responsibility — and whether major decisions are made jointly or by one parent — based on the best interests of the child in each individual case.
Does the Court still order equal (50/50) time?
Equal-time arrangements still exist and are still made in suitable cases, but the Court is no longer required to consider equal or substantial-and-significant time in a set sequence. It considers what arrangement actually works for the child rather than following a statutory checklist. Equal time is an outcome that can be agreed or ordered, not a presumption.
How does the Court decide a child's best interests?
The Family Law Act sets out the factors. The two primary considerations are the benefit to the child of a meaningful relationship with both parents and the need to protect the child from harm, including exposure to family violence — and where these conflict, protection from harm prevails. The Court also weighs the child's views, each parent's capacity, the practical effect of any arrangement, and cultural considerations.
Do I need a lawyer to get parenting orders?
You can apply for consent parenting orders yourself, but most parents have a family lawyer draft the orders so the wording is precise and enforceable. Where parents disagree, family dispute resolution (mediation) is generally required before a court application, except in cases involving family violence or genuine urgency.
Written and reviewed by Elisa Rothschild BA/LLB — Principal Lawyer, Fogarty Oliver Rothschild. Admitted to legal practice in Victoria. Practising family and property law in Melbourne since 2012. Last reviewed 10 June 2026.
This article is general legal information about Australian family law. It is not legal advice for your specific situation. For advice on your matter, book a free initial consultation.