Child Custody & Parenting Arrangements in Australia – What Separating Parents Must Know (2025)

How Are Children’s Living Arrangements Decided in Australia? What
Separating Parents Should Know

Important Law Update (Parenting & Child Custody Reforms – effective 6 May
2024 & 10 June 2025)

• Prioritise the best interests of the child as the sole focus—removing the automatic
  presumption of equal shared parental responsibility unless it’s safe and appropriate.
• Simplify the court’s decision‑making process with clearer, streamlined criteria for
  assessing what’s best for the child.
• Require the court or independent lawyers to speak directly with children
  (age‑appropriate) and consider their views when appropriate.
• Enhance cooperation between courts and agencies like police and child protection to
  protect children’s welfare.

How the Court Decides Children’s Living Arrangements

Under Part VII of the Family Law Act, arrangements now focus entirely on the child’s best
interests, balancing:

• The benefit of the child having a meaningful relationship with both parents (if safe).
• The need to protect the child from physical or psychological harm—primary
  consideration now always overrides shared contact if risk exists.
• Child’s views, parental capacity, developmental needs, domestic violence history, and
  other relevant circumstances.

Types of Parenting Arrangements

• “Lives with” /  “Spends time with” orders, replacing the old concept of custody.
• Shared parental responsibility can apply, but equal time is no longer presumed unless
  safe and feasible.
• Equal time arrangements are rare in Australia (about 9%) and typically only granted
  when both parents live close and cooperation is strong.

Parenting Plans  Mediation

Parenting Plans are informal agreements you can draft together—but are not legally
enforceable.

To make a court application, you typically need a Section 60I Certificate from a Family
Dispute Resolution (mediation) practitioner, unless there’s family violence or urgent issues.

FDR must be in good faith and helps reduce court involvement where possible.

Child Safety as the Highest Priority

Under reforms, courts now have broader powers to prioritize child protection, including:

• Rejecting equal-time proposals where there’s violence or manipulation risk.
• Engaging children’s lawyers to represent children and hear their perspectives directly.
• Using less adversarial court processes and collaborating with child protection agencies.

Typical Custody Scenarios

How Lawfinity Consultants Can Help

• Assist with Section 60I mediation referrals and preparation for mediation.
• Draft parenting plans or court documents tailored to your needs.
• Provide legal advice when child safety issues, family violence, or parental conflict are present.
• Represent clients or negotiate consent parenting orders collaboratively.
• Help parents set up contact arrangements safely—including supervised services if needed.