WHEN FAMILIES BREAK, WHAT HAPPENS TO THE KIDS? BY DANIEL MATTHEWS When couples separate, it is rarely simple, and when children are involved, the stakes are high. Questions about where children will live, how often they will see each parent, and who makes major decisions can quickly become contested and emotionally charged. In Australia, the law is clear: parenting matters are not about the rights of the parents, they are about the best interests of the child. What Does the Law Say? The starting point for all children's matters is section 60CA of the Family Law Act 1975 (Cth), which provides that the child's best interests must be the paramount consideration in any decision or order made by the Court. Following amendments that commenced on 6 May 2024, section 60CC now outlines a concise list of mandatory considerations, with the promotion of child safety forming the primary concern in all parenting matters. What Factors Does the Court Consider? Under section 60CC(2), the Court must now consider: What arrangements would promote the safety (including protection from family violence, abuse, neglect or other harm) of the child and of each person caring for the child The child's views, giving appropriate weight depending on their age, maturity and circumstances . The child's developmental, psychological, emotional and cultural needs The capacity of each parent (or proposed caregiver) to meet those needs . The benefit of the child maintaining relationships with parents and other significant people, where it is safe to do so Any other matter relevant to the child's particular circumstances Importantly, under section 60CC(2A), the Court must also consider: Any history of family violence, abuse or neglect involving the child or a person caring for them Any family violence order that applies or has applied to the child or a family member If the child is of Aboriginal or Torres Strait Islander heritage, additional cultural considerations under section 60CC(3) apply to ensure the child's right to connect with their community, culture and language is respected. Equal Shared Parental Responsibility Is Not the Default While many separating parents assume that they will automatically receive equal rights or equal time, this is not the case. The Court no longer applies any presumption of equal shared parental responsibility in contested matters. If parents agree to share parental responsibility by consent, the Court may make orders to that effect. However, there is no automatic entitlement in litigated cases. All decisions must flow from what is safest and most appropriate for the child's individual needs. Consent Orders and Parenting Plans Where parents can reach agreement about parenting arrangements, these can be formalised either by: A Parenting Plan, which is a written agreement (not legally enforceable), or Consent Orders, which are filed with and approved by the Court, and carry legal force Where parents are unable to reach agreement, they must usually attempt Family Dispute Resolution (FDR) before filing Court proceedings, unless an exemption applies such as in cases involving family violence or urgency. Final Thoughts The law is no longer focused on equal time or shared custody. Instead, it is about what is safest, most stable, and developmentally appropriate for each child. If you are a parent going through separation, it is important to get advice early. Understanding how the law works can help you make better decisions, avoid unnecessary conflict, and keep the focus where it belongs: on the wellbeing of your child. Need guidance on parenting arrangements after separation? Contact Stacks Law Firm Tamworth for clear, practical advice on your rights and obligations. Our experienced family law team can help you navigate parenting disputes, consent orders, and Family Dispute Resolution, always prioritising what is in your child's best interests. DANIEL MATTHEWS 02 6767 2000 1 Fitzroy Street Tamworth stacklaw.com.au STACKS LAW FIRM AW7447236 WHEN FAMILIES BREAK , WHAT HAPPENS TO THE KIDS ? BY DANIEL MATTHEWS When couples separate , it is rarely simple , and when children are involved , the stakes are high . Questions about where children will live , how often they will see each parent , and who makes major decisions can quickly become contested and emotionally charged . In Australia , the law is clear : parenting matters are not about the rights of the parents , they are about the best interests of the child . What Does the Law Say ? The starting point for all children's matters is section 60CA of the Family Law Act 1975 ( Cth ) , which provides that the child's best interests must be the paramount consideration in any decision or order made by the Court . Following amendments that commenced on 6 May 2024 , section 60CC now outlines a concise list of mandatory considerations , with the promotion of child safety forming the primary concern in all parenting matters . What Factors Does the Court Consider ? Under section 60CC ( 2 ) , the Court must now consider : What arrangements would promote the safety ( including protection from family violence , abuse , neglect or other harm ) of the child and of each person caring for the child The child's views , giving appropriate weight depending on their age , maturity and circumstances . The child's developmental , psychological , emotional and cultural needs The capacity of each parent ( or proposed caregiver ) to meet those needs . The benefit of the child maintaining relationships with parents and other significant people , where it is safe to do so Any other matter relevant to the child's particular circumstances Importantly , under section 60CC ( 2A ) , the Court must also consider : Any history of family violence , abuse or neglect involving the child or a person caring for them Any family violence order that applies or has applied to the child or a family member If the child is of Aboriginal or Torres Strait Islander heritage , additional cultural considerations under section 60CC ( 3 ) apply to ensure the child's right to connect with their community , culture and language is respected . Equal Shared Parental Responsibility Is Not the Default While many separating parents assume that they will automatically receive equal rights or equal time , this is not the case . The Court no longer applies any presumption of equal shared parental responsibility in contested matters . If parents agree to share parental responsibility by consent , the Court may make orders to that effect . However , there is no automatic entitlement in litigated cases . All decisions must flow from what is safest and most appropriate for the child's individual needs . Consent Orders and Parenting Plans Where parents can reach agreement about parenting arrangements , these can be formalised either by : A Parenting Plan , which is a written agreement ( not legally enforceable ) , or Consent Orders , which are filed with and approved by the Court , and carry legal force Where parents are unable to reach agreement , they must usually attempt Family Dispute Resolution ( FDR ) before filing Court proceedings , unless an exemption applies such as in cases involving family violence or urgency . Final Thoughts The law is no longer focused on equal time or shared custody . Instead , it is about what is safest , most stable , and developmentally appropriate for each child . If you are a parent going through separation , it is important to get advice early . Understanding how the law works can help you make better decisions , avoid unnecessary conflict , and keep the focus where it belongs : on the wellbeing of your child . Need guidance on parenting arrangements after separation ? Contact Stacks Law Firm Tamworth for clear , practical advice on your rights and obligations . Our experienced family law team can help you navigate parenting disputes , consent orders , and Family Dispute Resolution , always prioritising what is in your child's best interests . DANIEL MATTHEWS 02 6767 2000 1 Fitzroy Street Tamworth stacklaw.com.au STACKS LAW FIRM AW7447236