What changed on 6 May 2024
The presumption of equal shared parental responsibility was repealed entirely by the Family Law Amendment Act 2023. It no longer exists, and the chain of reasoning that used to follow from it — presumption, then consider equal time, then consider substantial and significant time — is gone with it.
There is now a single question: what is in the best interests of the child. Safety is the first consideration.
The misconception worth correcting
There has never been a legal requirement, or even a starting assumption, that children spend equal time with each parent. The old presumption was about decision-making responsibility, not time — but it was very widely misread as a right to 50/50 care.
If your expectations were formed before May 2024, or from someone who separated years ago, they may be based on law that no longer applies.
What the court actually considers
Section 60CC now sets out a simplified list of factors. In broad terms, the court considers:
- What arrangements promote the child's safety
- Any views expressed by the child
- Developmental, psychological, emotional and cultural needs
- Each parent's capacity to meet those needs
- The benefit of a relationship with both parents, where safe
- Anything else relevant to the particular child
Where there is family violence or a risk of abuse, the court looks closely at the history and risk, and a relationship with a parent is treated as a benefit only to the extent it is safe. For Aboriginal and Torres Strait Islander children, the court must also consider the child's right to enjoy their culture and connection to family, community and country.
Three ways to settle arrangements
| Parenting plan | Consent orders | Court order | |
|---|---|---|---|
| How it's made | Written, signed, dated agreement | Agreement approved by the court | Decided by a judge |
| Enforceable? | No | Yes | Yes |
| Court appearance | None | None required | Yes |
| Cost | Lowest | Low | Highest |
| Flexibility | Change any time by agreement | Requires a new order or plan | Requires a new order |
A parenting plan is not enforceable, but it is not worthless: a later court must consider the most recent parenting plan. And a subsequent parenting plan can, in some circumstances, vary an earlier consent order — which is useful flexibility and an unwelcome surprise if you did not intend it.
You usually have to try mediation first
Before filing a parenting application you generally need a section 60I certificate from a registered family dispute resolution practitioner. The certificate records that you attended, or that the practitioner considered the matter unsuitable, or that the other party did not attend.
The requirement is waived in defined circumstances, including where there has been family violence or child abuse, where there is a risk of it, where the matter is urgent, or where a party cannot participate effectively. If any of those apply, say so early — you may be able to file immediately.
Making arrangements that actually work
The best parenting arrangement is the one that survives contact with real life. Orders that look balanced on paper frequently fail because they ignore the practicalities.
- Where each parent lives, and the school run
- Shift work and irregular rosters
- The child's age — infants need different patterns
- Handover locations that are workable and safe
- School holidays, Christmas and birthdays
- How you'll communicate about the children
- Travel, including interstate and overseas
- What happens when someone is running late
Specificity helps high-conflict situations and hinders cooperative ones. If you communicate reasonably, a flexible arrangement will serve you better than a rigid schedule. If you do not, ambiguity becomes the next argument — write down the detail.
Changing an arrangement
Children's needs change, and so do parents' circumstances. A parenting plan can be changed at any time by agreement. Consent orders and court orders require a new order, or in some circumstances a subsequent parenting plan.
Where you want to change a court order and the other parent does not agree, the court applies the rule from Rice v Asplund, now written into the Family Law Act: it will generally not reconsider final parenting orders unless there has been a significant change of circumstances. That threshold exists to stop children being litigated over repeatedly, and it is real.
What it costs
- Fixed fee for consent orders where agreed
- Fixed fee for a parenting plan
- Stage estimates for disputed matters
- Court filing fees at cost
- Costs agreed with you before we start
- Honest advice about what is worth arguing
Frequently asked questions
No. There has never been a legal requirement or starting assumption of equal time, and since 6 May 2024 the presumption of equal shared parental responsibility has been repealed entirely. The court's paramount consideration is the best interests of the child, with safety given priority.
A parenting plan is a written, signed and dated agreement that is not enforceable by a court, though a later court must consider the most recent plan. Consent orders are approved by the court and are enforceable, and can usually be obtained without either parent appearing. Most families who have reached agreement should formalise it as consent orders.
Usually yes. You generally need a section 60I certificate from a registered family dispute resolution practitioner before filing a parenting application. Exceptions apply, including family violence, child abuse or a risk of it, urgency, and where a party cannot participate effectively.
There is no age at which a child decides. A child's views are one of the factors the court considers under section 60CC, and greater weight is generally given to the views of an older child, but the decision remains the court's and is governed by the child's best interests.
A parenting plan can be changed at any time by agreement. Changing final court orders without agreement is harder: the court applies the rule from Rice v Asplund, now written into the Family Law Act, and will generally not reconsider final parenting orders unless there has been a significant change of circumstances.
Not without the other parent's consent or a court order where parenting orders are in place, and doing so can be a serious offence. If you are concerned a child may be taken overseas without agreement, urgent options exist including placement on the Family Law Watchlist. Get advice immediately rather than waiting.
More information
Parenting matters can escalate very quickly without expert legal help. Getting advice early is recommended.
Children & parenting matters
The Family Law Act provisions relating to what used to be referred to as “child custody” arrangements have changed many times over the years. The most significant changes include the introduction of the “shared parenting” legislation in 2006 and the amendments involving “family violence” in 2012. These changes focus on the rights of the child and the responsibilities of parents, which led to changes in terminology to remove “residence”, “contact” and “custody” and introduce “lives with” and “spends time with”.
Start your family law matter online — privately and at your own pace
Not quite ready to pick up the phone? You can begin online instead. Answer a few simple questions about your situation in your own time, and our experienced family lawyers will review your details before your first appointment — so your meeting is focused on you, not paperwork.
Every family is different and the circumstances of each situation must be looked at carefully. Our Rockhampton family lawyers can help you understand the proper considerations to be taken into account when determining what parenting arrangements are in the best interests of your children. We can guide you through, for example:
- What parental responsibility is, and how decisions about major long-term issues are made now that the presumption of equal shared parental responsibility has been repealed.
- The considerations the Court takes into account in deciding what is in a child’s best interests, with the child’s safety, including any family violence, central to them;
- Reaching agreement without going to Court and how to properly document that agreement to best protect you and avoid further disputes in the future.
- We will explain the important legal differences between a Parenting Plan and Consent Order, and the advantages and disadvantages of each.
- The circumstances in which a child’s wishes may be taken into account and what weight is given to these wishes.
- Changes in circumstances that may warrant a reopening of your existing parenting Orders.
We can also help with:
- Separation and Divorce
- Property Settlements for both married and de facto couples
- Property disputes involving parents and adult children
- Spouse maintenance
- Financial agreements (pre-nups)
- Child support and Adult Child Maintenance
- Personal protection issues involving domestic violence
- Mediation
- Surrogacy agreements
Flexible Legal Financing for Family Law Matters
South Geldard Lawyers has proudly partnered with JustFund to offer our clients greater financial independence, particularly through family law litigation funding. For some clients, it can be a struggle to afford legal fees and disbursements, and limited access to funding sometimes means the settlement process stalls and clients get stuck. This partnership enables our clients to access the legal assistance they deserve to settle their family law matters and move on with their lives without the burden of immediate financial constraints.
Extensive Experience
Our professional team has extensive experience in a wide range of legal areas. Our approach is one of planning and involvement. We will continue to be there to support you with accurate and timely advice.
This page is general information about the law as it applies in Queensland, current as at 2026. It is not legal advice and does not take your circumstances into account. Figures set by regulation are indexed and change. Speak to one of our lawyers before acting.