Parenting Orders in Australia: Law, Factors and Process

Since 6 May 2024, Australian courts no longer presume equal shared parental responsibility. Section 61DA was repealed outright, and parenting arrangements are now decided solely by applying the safety-first factors in section 60CC of the Family Law Act 1975 to each child's circumstances.

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This article addresses parenting orders under Part VII of the federal Family Law Act 1975, applicable nationwide. It does not address state or territory child protection (welfare) law, which is a separate area administered by state agencies, or family violence protection orders, which state and territory courts make and enforce.

The section 61DA repeal: what actually changed on 6 May 2024

On 6 May 2024, the Family Law Amendment Act 2023 repealed section 61DA of the Family Law Act 1975 in its entirety. Section 61DA had created a presumption, applied unless rebutted, that it was in a child's best interests for parents to have equal shared parental responsibility. That presumption no longer exists in any form; it was not softened or reworded, it was removed. Critically, no automatic replacement presumption was enacted. This is different from saying parents lost parental responsibility: section 61C, under which each parent automatically has parental responsibility for a child under 18 (subject to any court order), was not touched by the amendments and remains in force exactly as before. What changed is that a parenting order about the allocation or exercise of parental responsibility is no longer influenced by any statutory starting assumption in favour of an equal or shared arrangement. The court decides based only on section 60CC.

What replaced the presumption: sections 61CA and 61DAA

Two new provisions commenced alongside the repeal. Section 61CA encourages, without requiring, parents to consult each other about major long-term issues affecting the child, such as education, health care, religious upbringing, name and significant living arrangements. It is a lighter, non-presumptive obligation than the equal shared parental responsibility model it replaced. Section 61DAA governs the practical effect of a parenting order once one is made: where an order provides for joint decision-making on major long-term issues, section 61DAA requires the people covered by that order to consult each other and make a genuine effort to reach a joint decision on each such issue. The key point is that joint decision-making now applies only where a parenting order specifically provides for it. There is no default position either way, favouring neither joint nor sole decision-making, until a court makes an order or the parents agree to one.

The paramount consideration: section 60CA

Section 60CA states that in proceedings under Part VII of the Family Law Act, the court must regard the best interests of the child as the paramount consideration in deciding whether to make a particular parenting order. This principle was not altered by the 2023 or 2024 amendments; what changed is the checklist a court uses to work out what those best interests actually require. With the equal shared parental responsibility presumption gone, section 60CC(2) is now the sole source of the general considerations the court applies, with no statutory thumb on the scale in favour of an equal, substantially shared, or any other specific time arrangement.

The current section 60CC factors

Section 60CC(2) sets out six general considerations a court must weigh: what arrangements would promote the safety of the child and each person who cares for the child, including safety from family violence, abuse, neglect or other harm; any views expressed by the child; the child's developmental, psychological, emotional and cultural needs; the capacity of each person who has or is proposed to have parental responsibility to meet those needs; the benefit to the child of a relationship with parents and other significant people, where it is safe; and anything else relevant to the child's particular circumstances. Section 60CC(2A) requires the court, in weighing safety, to specifically include any history of family violence, abuse or neglect involving the child or a carer, and any family violence order that applies or has applied. For consent orders, section 60CC(4) allows but does not require the court to have regard to these factors at all.

Extra protection for Aboriginal and Torres Strait Islander children: section 60CC(3)

Where a child is Aboriginal or Torres Strait Islander, section 60CC(3) requires the court to additionally consider the child's right to enjoy their culture. This includes the support, opportunity and encouragement needed to connect with, and maintain connection to, family, community, culture, country and language, to explore that culture consistent with the child's age, development and views, and to develop a positive appreciation of it. The court must also consider the likely impact any proposed parenting order will have on that right. These considerations sit alongside, not instead of, the general factors in section 60CC(2).

Parenting plans, consent orders and applying to court

Not every parenting arrangement needs a court order. Parents are encouraged under Part VII Division 4 to reach their own written parenting plan, which is not enforceable in the same way as a court order but can guide the parties and inform any later proceedings. Where parents agree on final arrangements, they can seek consent orders from the FCFCOA, for which section 60CC(4) allows but does not require the court to apply the full best-interests checklist. Where parents cannot agree, either parent, or another eligible person such as a grandparent, can apply for a parenting order, and family dispute resolution under section 60I is generally a precondition before filing. See the family court process in Australia for how a contested application proceeds.

How a court weighs competing factors

The section 60CC factors are not a checklist that produces a predictable formula or a standard split of time. A court weighs every listed factor against the actual evidence in that family's case, and safety considerations under section 60CC(2A) apply with particular weight where there is a relevant history of family violence, abuse or neglect. Because the equal shared parental responsibility presumption no longer exists, there is no starting assumption that time should be split evenly, that decision-making should be joint, or that any specific arrangement is the norm. Two families with superficially similar facts can reach different outcomes because the underlying evidence about safety, the child's needs and each parent's capacity differs. This guide describes the statutory factors a court must consider; it does not, and cannot, predict how any individual case will be decided.

This page provides general legal information about parenting orders in Australia, verified 20 July 2026. It is not legal advice about your own parenting arrangement. For advice, consult a legal practitioner admitted in the relevant Australian state or territory, or contact the Family Relationship Advice Line.

For the divorce process itself, see divorce in Australia. For how a contested parenting application proceeds, see the family court process in Australia. For property matters that often run alongside parenting proceedings, see property settlement in Australia. For the full picture, return to the Australian family law hub.

Frequently Asked Questions

Was the presumption of equal shared parental responsibility abolished?

Yes. The Family Law Amendment Act 2023 repealed section 61DA outright, effective 6 May 2024. The presumption that equal shared parental responsibility was in a child’s best interests no longer exists in any form, and no automatic replacement presumption was enacted.

Does this mean parents lost parental responsibility?

No. Section 61C of the Family Law Act, under which each parent automatically has parental responsibility for a child under 18 unless a court orders otherwise, was not affected by the 2023 amendments. Parents did not lose parental responsibility; they lost only the previous presumption about how it should be shared.

Does 50/50 time apply automatically now?

No. There is no statutory presumption in favour of equal time, substantially equal time, or any other specific arrangement. A court decides parenting time and responsibility by applying the section 60CC best-interests factors to each family's evidence, not by starting from an assumed split.

What are the current best-interests factors?

Section 60CC(2) lists six general considerations: safety, the child's views, the child's developmental and cultural needs, each carer's capacity to meet those needs, the benefit of relationships with parents and significant others where safe, and anything else relevant to the child. Section 60CC(2A) adds specific weight to family violence history, and section 60CC(3) adds cultural considerations for Aboriginal or Torres Strait Islander children.

How does family violence affect a parenting order?

Section 60CC(2A) requires the court, in assessing what arrangements would promote safety under section 60CC(2)(a), to include consideration of any history of family violence, abuse or neglect involving the child or a person caring for the child, and any family violence order that applies or has applied to the child or a family member.

Are Aboriginal and Torres Strait Islander children treated differently?

Yes. Section 60CC(3) requires the court, for an Aboriginal or Torres Strait Islander child, to additionally consider the child's right to enjoy their culture, including connection to family, community, country and language, and the likely impact of the proposed order on that right, alongside the general section 60CC(2) factors.

Do parents have to consult each other on big decisions?

Not automatically. New section 61CA encourages, but does not legally require, parents to consult each other on major long-term issues. A binding obligation to consult and make a genuine effort to reach a joint decision arises under section 61DAA only where a parenting order specifically provides for joint decision-making.

What is the difference between a parenting plan and a parenting order?

A parenting plan is a written agreement between parents under Part VII Division 4 of the Family Law Act; it records intentions but is not directly enforceable as a court order. A parenting order is made or approved by the FCFCOA and is legally enforceable. Parents who agree on final arrangements can ask the court to make their agreement into consent orders.

Do we have to go to court to get parenting orders?

No. Many parents resolve arrangements through direct negotiation, family dispute resolution, or a written parenting plan without ever applying to a court. Family dispute resolution under section 60I is generally required before either parent can apply to the FCFCOA for a parenting order, except in limited circumstances such as urgency or family violence.