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Family Law

The Family Law Court of Australia deals with all manner of family law including separation and divorce, children’s residency, property and money matters and court orders.

In 2006 and 2007, the Howard Government introduced the most radical changes to the family law act in 30 years. Stemming from the 2003 House of Representatives Standing Committee on Family & Community Affairs’ Report – Every Picture Tells a Story [Every Picture Tells a Story.pdf], the central objective of the Family Law Amendment (Shared Parental Responsibility) Act 2006 purports to seek to support parents in reaching safe, sustainable parenting arrangements post-separation. There is nonetheless great concern about the motives behind these changes and a serious fear that the changes do not truly represent the best interests of the child.


At a glance:

  • The Family Court is now required to promote a legal presumption of equal shared responsibility for children after separation and must consider equal time or substantial or significant parenting arrangements.

  • All separating parents are required to engage in mediation at a Family Relationship Centre (FRC) with a view to resolving their dispute before it reaches court. Legal representation at mediation is not permitted.

  • The legislation promotes the paramountcy principle whereby children’s best interests are paramount in all decisions. However, where previously ‘best interests’ were determined after examining each unique case, it is now defined as regular contact with each parent after separation.

  • The legislation includes a provision permitting the Judge to order costs against parties who make false allegations of violence.


While most parents agree that it is preferable that their children have meaningful contact with both of them, many are concerned that there are not adequate safeguards to ensure the safety of women and children. Further, there is significant concern and evidence that the mental and physical health of children is subordinated to the presumption of maximum time with each parent.


More information and analysis regarding family law can be found under Research and Publications.