Over the past two years, Australian family law has experienced a significant shift. The presumption of equal shared parental responsibility (ESPR)—once a fundamental part of the Family Law Act—was repealed by the Family Law Amendment Act 2023, which took effect in May 2024.

Although the headlines about this change have faded, the real story is now unfolding in 2025, as courts, families, and practitioners adapt to this new landscape.

At Resolve Conflict Family Lawyers, we are witnessing firsthand how the repeal of ESPR is affecting outcomes for separated families. Notably, the change has shifted both expectations and court procedures in a way that prioritises children’s wellbeing over legal presumptions.

What Was the Presumption of Equal Shared Parental Responsibility?

Before it was repealed, the law presumed that it was generally in the child’s best interests for both parents to share responsibility for making long-term decisions—such as schooling, health, and religion—unless there were serious risk factors like family violence or abuse.

Unfortunately, this legal presumption was often misunderstood. Many parents believed ESPR meant they had a “right” to equal parenting roles and time arrangements. This misconception caused unnecessary disputes and sometimes lengthy court battles.

Why Did the Law Change?

Three key issues that drove the repeal:

1. Child Safety Risks: ESPR could lead to parties having to have regular contact and communication even where there was evidence of family violence or coercion. This placed some children in unsafe or harmful environments.
2. Confusion and Misinterpretation: Parents (and sometimes practitioners) blurred the line between “shared responsibility” and “equal time,” leading to unrealistic expectations.
3. Need for Individualised Outcomes: Families are unique, and courts require clearer guidance to prioritise what is truly in each child’s best interests—without having to overcome a presumption first.

How Is This Playing Out in 2025?

With almost a year of practice under the new framework, several patterns are becoming clear:

• Focus on Safety First
  Courts are prioritising issues of risk more than ever, including family violence, coercive control, and neglect. Parenting arrangements now emphasise safety above all, often superseding previous ideas of equality.
• Clearer Communication with Parents
  Judges and lawyers can now explain parenting decisions without relying on confusing presumptions. This assists parents in understanding that decisions are based on the child’s needs, not parental rights.
• More Tailored Arrangements
  We are observing a broader range of outcomes—some children spend most of their time with one parent, while others have flexible arrangements that reflect schooling, work schedules, and the child’s own preferences. The law now supports nuanced solutions rather than default positions.
  
• Reduced Litigation Over “Equal Time”
  Without the presumption fuelling expectations, fewer cases are escalating around demands for 50/50 parenting arrangements. Mediation and negotiation have become more constructive, as parents understand the focus is on cooperation, not mathematical division.

What Does This Mean for Parents Separating in 2025?

If you are going through a separation or already handling a parenting arrangement, the repeal of ESPR has several practical implications.

• You no longer need to begin with the assumption of “equal say” or “equal time. “The court will look at your unique circumstances—including safety, relationships, and capacity to meet your child’s needs.
• Your child’s voice and well-being hold more importance than ever.
• Parenting outcomes are becoming more predictable because they follow the same guiding principle: what is safe, appropriate, and in the child’s best interests.

How Resolve Conflict Can Support You

At Resolve Conflict, we work daily with families navigating separation within this new framework. Our role is to assist you:

• Understand how the repeal of ESPR impacts your parenting arrangements.
• Negotiate practical, child-centred arrangements via mediation.
• Speak up for your child’s safety and wellbeing in court if needed.

Alastair Noakes is a distinguished Accredited Specialist in both Family Law and Children’s Law, making him one of only two practising lawyers in Victoria with this dual accreditation. His insight into how courts are applying the law in 2025 provides our clients with clarity, confidence, and reassurance during a challenging time.

Take the Next Step

If you’re uncertain about how these legal changes could impact your parenting arrangements, now is the right time to consult a professional.

Book a complimentary 15-minute phone consultation with our team at Resolve Conflict. It’s a safe, confidential space to ask your questions and explore your options.

Contact Resolve Conflict today on phone (03) 9620 0088.