Navigating family law can be one of the most challenging experiences a person faces—especially during separation or divorce. In 2024, major changes to Australia’s family law system have come into effect through the Family Law Amendment Bill 2024. These changes aim to simplify processes, prioritise child safety, and reduce conflict for separating parents.
At Lyon Legal Services, based in Inverell, NSW, we’re here to help you understand how this reform could affect you and your family. In this post, we explain the key changes, how they apply in New South Wales, and what steps you should take if you’re currently involved in a parenting dispute or family law matter.
What Is the Family Law Amendment Bill 2024?
The Family Law Amendment Bill 2024 is a legislative reform introduced by the Australian Government to modernise and clarify aspects of the Family Law Act 1975. The key focus is on ensuring that parenting arrangements truly reflect the best interests of the child—a long-standing principle in family law.
For families in NSW, these changes will be especially relevant if you’re:
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Involved in a parenting dispute
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Creating or modifying parenting plans
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Going through family mediation or court proceedings
Why Was the Bill Introduced?
The bill stems from extensive feedback from the legal sector, family advocates, and people with lived experience in the family court system. A consistent criticism was that the current legal framework was too complex and often misunderstood by both parents and professionals.
The amendments aim to:
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Improve child safety outcomes
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Make the law easier to understand and apply
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Streamline parenting decision-making
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Remove outdated or confusing terminology
Key Changes Introduced by the Family Law Amendment Bill 2024
Here’s a breakdown of the major reforms introduced and how they may impact you.
1. Removal of Presumption of Equal Shared Parental Responsibility
Previously, the law included a presumption of equal shared parental responsibility—often misunderstood as a presumption of 50/50 time-sharing between parents.
What’s changed?
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The 2024 amendment removes this presumption.
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Courts will now determine parental responsibility based solely on what’s in the child’s best interests, rather than starting from a position of equal responsibility.
Why it matters: This change is expected to reduce unnecessary conflict by removing the assumption that parenting time must be evenly split. It allows for more flexibility and better consideration of each family’s unique situation.
2. Simplified Best Interests of the Child Framework
The law now includes a more streamlined list of considerations when determining what’s in the child’s best interests.
These factors include:
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The safety of the child and others involved in their care
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The child’s views, depending on their age and maturity
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The benefit of maintaining relationships with both parents
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Any history of family violence, neglect or abuse
This simplified list replaces the more complicated two-tier system used in the past, making decisions more straightforward for courts and families alike.
3. Changes to Parenting Orders
The amendment also revises how parenting orders are made and enforced.
Highlights include:
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Clearer powers for the court to vary or revoke parenting orders
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Encouragement of less adversarial approaches to parenting arrangements
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Greater discretion for courts to issue tailored parenting orders that better reflect real-life circumstances
If you’re seeking to change an existing order, or you’re entering into new arrangements, it’s crucial to understand how the updated law applies.
4. Greater Focus on Family Violence and Risk
Protecting children from harm is at the heart of the new amendments. The revised law places increased emphasis on:
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Identifying family violence early
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Ensuring safety is not compromised by a push for shared care
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Encouraging family dispute resolution to address safety risks
How the Changes Affect NSW Families
For clients in Inverell and across New South Wales, the impact of these changes will depend on your unique family situation. Whether you’re co-parenting amicably or involved in a more complex dispute, these reforms may affect how parenting responsibilities are decided.
Here’s how:
1. Reduced Conflict in Parenting Disputes
By removing the presumption of equal shared parental responsibility, courts can now make more nuanced decisions. This means:
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Less pressure to negotiate a 50/50 time split
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More flexibility to create parenting plans based on practicality and safety
2. Clearer Guidance for Parenting Plans
The streamlined best interests criteria will help parents (and their legal representatives) better understand what’s expected when drafting or modifying parenting plans.
At Lyon Legal Services, we can help ensure your parenting plan aligns with the new framework and reflects your child’s best interests.
3. Increased Focus on Child Safety
In cases involving family violence, the updated law supports more decisive and protective actions from the court. If you’re concerned about safety in your parenting arrangement, speak with us about urgent legal remedies available under the amended law.
What Legal Professionals Are Saying
The response from legal practitioners and family advocacy groups has been largely supportive. Many believe the reforms will reduce conflict and simplify complex court processes.;
However, some concerns have been raised, including:
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The need for ongoing education for legal professionals and judges
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Potential confusion for parents who previously relied on outdated concepts
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Whether courts have sufficient resources to implement the reforms effectively
Do These Changes Apply to Existing Parenting Orders?
If you already have parenting orders in place, they will remain valid. However, if you’re considering:
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Changing an existing order
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Seeking a variation due to safety concerns
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Renegotiating a parenting plan
… then the new laws will apply to any applications made after the bill’s commencement.
We recommend that you review your current arrangements with a legal professional to ensure they’re still appropriate under the new framework.
What Should NSW Parents Do Next?
Here are some practical steps to take if you’re affected by the Family Law Amendment Bill 2024:
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Review Your Parenting Plan or Court Orders
Do your current arrangements align with the best interests of the child as outlined in the new law? -
Seek Legal Advice Early
Whether you’re applying for new parenting orders or updating an existing plan, legal guidance is crucial to understanding your rights and obligations. -
Focus on Safety and Communication
The new laws reward cooperative co-parenting and prioritise safety. Mediation or dispute resolution may be beneficial before heading to court. -
Contact a Local Family Lawyer in NSW
Every family is different. Local legal advice ensures you receive support tailored to your situation and local court practices.
How Lyon Legal Services Can Help
At Lyon Legal Services, we specialise in family law matters across NSW, including:
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Parenting disputes
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Family dispute resolution
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Parenting order applications
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Domestic and family violence matters
We understand how emotionally complex these matters can be. Our goal is to help you move forward with clarity, confidence, and compassion.
We offer in-person consultations in Inverell and surrounding regions, as well as remote appointments across NSW.
Final Thoughts
The Family Law Amendment Bill 2024 represents a significant shift in how family law operates in Australia. For families in NSW, especially those navigating separation or co-parenting challenges, it’s vital to understand what these changes mean and how to respond.
By staying informed and working with experienced legal professionals, you can ensure that your parenting arrangements are not only legally sound—but truly in the best interests of your children.
Need Legal Advice?
Book a consultation with Lyon Legal Services today.
Serving clients across Inverell and regional NSW
