Array

Family Violence and the Family Law Act: Recent changes bringing a greater focus on family violence. A family lawyer and mediator’s perspective.

Posted on | Posted in Uncategorised

Since May 2024, Australia’s family law system has undergone some of the most significant reforms in decades. The amendments to the Family Law Act 1975 (Cth) represent a substantial shift toward a more trauma-informed, child-focused and safety-oriented approach — particularly in matters involving family violence, coercive control and post-separation abuse. (Federal Circuit Court Australia)

As an experienced family lawyer and family mediator, these reforms are both welcome and necessary.

For many years, victim-survivors of family violence experienced significant challenges navigating the family law system. Concerns were repeatedly raised that older legislative frameworks sometimes prioritised parental involvement over child safety, failed to adequately recognise coercive control, and unintentionally enabled ongoing abuse through legal processes. (The Guardian)

At Creative Family Law Solutions, we believe family law processes should protect safety, reduce unnecessary conflict, and support families with compassion, dignity and practical guidance. The 2024 reforms move the system closer to those values.

Why the 2024 Reforms Matter

The key reforms commenced on 6 May 2024 through the:

The reforms fundamentally changed how courts assess parenting arrangements and strengthened the family law system’s response to family violence.

The amendments were designed to:

  • Better protect children and victim-survivors;
  • Simplify parenting laws;
  • Improve responses to coercive control and abuse;
  • Reduce harmful litigation practices;
  • Improve risk identification; and
  • Create a more child-centred decision-making framework. (Moores)

For family lawyers and mediators, these changes affect how advice is given, how negotiations are conducted, and how parenting arrangements are assessed.

1. The Removal of the Presumption of Equal Shared Parental Responsibility

One of the most significant reforms was the repeal of the presumption of equal shared parental responsibility under former section 61DA of the Family Law Act. (Federal Circuit Court Australia)

Prior to May 2024, there was a legislative presumption that it was in a child’s best interests for parents to share decision-making responsibility regarding major long-term issues.

Importantly, this never meant children had to spend equal time with each parent. However, in practice, many families misunderstood the law, and some victim-survivors felt pressured into unsafe parenting arrangements.

In cases involving family violence, coercive control or intimidation, ongoing joint decision-making can become another avenue for abuse and control after separation. (The Guardian)

The removal of the presumption allows courts to focus more directly on:

  • The individual needs of the child;
  • Safety concerns;
  • Family dynamics; and
  • Whether cooperative parenting is realistically possible.

This is an important shift toward recognising that parenting arrangements must be tailored to the realities of each family system.

From a mediation perspective, the reforms also reinforce the importance of carefully assessing whether genuine collaborative decision-making is safe and achievable.

2. Simplified Best Interests Factors — With Greater Focus on Safety

The amendments substantially changed section 60CC of the Family Law Act 1975, which sets out how courts determine what arrangements are in a child’s best interests.

The previous framework contained a lengthy list of “primary” and “additional” considerations. The reforms introduced a shorter and more focused set of factors. (Federal Circuit Court Australia)

Under the amended section 60CC, the court now considers factors including:

  • The safety of the child and caregivers;
  • Any history of family violence, abuse or neglect;
  • The child’s developmental, psychological, emotional and cultural needs;
  • The capacity of each parent to meet those needs;
  • The benefit of maintaining relationships with parents and significant people; and
  • The child’s views, where appropriate. (Federal Circuit Court Australia)

Importantly, child safety is now much more clearly positioned at the centre of parenting decisions.

This reflects growing recognition that exposure to family violence can have profound impacts on children, even where children are not directly physically harmed.

As family lawyers and mediators, we now see much stronger legislative acknowledgment of:

  • Trauma exposure;
  • Coercive control;
  • Emotional abuse;
  • Psychological harm; and
  • The long-term impacts of conflict on children.

At Creative Family Law Solutions, we strongly support child-focused practice that prioritises emotional safety, stability and healthy developmental outcomes.

3. Greater Recognition of Coercive Control and Non-Physical Abuse

One of the most important cultural shifts within family law is the growing understanding that family violence is not limited to physical assaults.

Section 4AB of the Family Law Act already defined family violence broadly as violent, threatening or other behaviour that coerces, controls or causes fear. However, the reforms and accompanying policy developments have strengthened attention on coercive control and patterns of abusive behaviour. (Attorney-General’s Department)

This includes recognition of behaviours such as:

  • Financial abuse;
  • Isolation;
  • Surveillance;
  • Intimidation;
  • Emotional abuse;
  • Technology-facilitated abuse;
  • Litigation abuse; and
  • Ongoing post-separation coercion.

The reforms align with broader national conversations about coercive control and the importance of understanding family violence as a pattern of domination rather than isolated incidents. (The Guardian)

For family mediators, this has significant implications.

Traditional mediation models may not always be appropriate where one party cannot negotiate freely due to fear, intimidation or coercive dynamics.

This is why trauma-informed and safety-focused mediation practices are critical.

At Creative Family Law Solutions, we carefully assess suitability for mediation and implement safeguards where appropriate, including:

  • Shuttle mediation;
  • Lawyer-assisted mediation;
  • Online participation;
  • Structured communication processes; and
  • Separate intake and safety planning procedures.

The goal is not merely agreement — it is safe, informed and sustainable resolution.

4. Stronger Focus on Harmful Litigation and System Abuse

The 2024 reforms also introduced stronger powers enabling courts to respond to harmful or abusive litigation practices. (Attorney-General’s Department)

This is particularly important in family violence matters where legal proceedings themselves may be used as a mechanism of ongoing control.

Some victim-survivors experience:

  • Excessive applications;
  • Repeated allegations;
  • Procedural intimidation;
  • Deliberate delays; or
  • Attempts to exhaust financial or emotional resources.

The reforms acknowledge that family violence can continue after separation through systems abuse and litigation tactics.

From a practitioner’s perspective, this is a very important development.

Experienced family lawyers understand that the legal process itself must not become another instrument of coercion.

Courts now have broader powers to manage proceedings more actively and prevent misuse of the system where appropriate.

5. Changes Affecting Independent Children’s Lawyers and Information Sharing

The reforms also introduced:

  • New expectations for Independent Children’s Lawyers (ICLs) to meet directly with children where appropriate; and
  • Expanded information-sharing powers between agencies and courts regarding risk and safety concerns. (Attorney-General’s Department)

These changes reflect increasing recognition that:

  • Children’s experiences matter;
  • Risk information must be shared effectively;
  • Early identification of harm is essential; and
  • Better-informed decisions improve safety outcomes.

As practitioners, this encourages a more collaborative and multidisciplinary approach to supporting families.

6. Property Law Changes and Family Violence (Commencing 2025)

Although the major parenting reforms commenced in May 2024, additional reforms relating to property matters commenced from 10 June 2025 under the Family Law Amendment Act 2024. (Attorney-General’s Department)

These changes are highly significant because they more expressly recognise the impact of family violence — including economic and financial abuse — within property settlements.

The amendments clarify that courts may consider the effects of family violence on a party’s ability to:

  • Make financial contributions;
  • Make non-financial contributions;
  • Contribute to the welfare of the family; and
  • Maintain future financial security. (Attorney-General’s Department)

The reforms also expand recognition of economic abuse within section 4AB. (Attorney-General’s Department)

This is a substantial development because coercive control often includes financial domination, including:

  • Restricting access to money;
  • Preventing employment;
  • Incurring debts in another person’s name;
  • Monitoring spending; or
  • Creating financial dependency.

From a family lawyer’s perspective, these reforms better reflect the lived realities of many victim-survivors.

What These Changes Mean for Families

The reforms since 2024 represent a broader philosophical shift within Australian family law.

The focus is increasingly on:

  • Child safety;
  • Trauma-informed practice;
  • Early risk identification;
  • Practical parenting arrangements;
  • Coercive control awareness; and
  • Meaningful access to justice.

For families navigating separation, this means courts and professionals are now more clearly directed to consider the realities of family violence and its ongoing impacts.

For lawyers and mediators, the reforms reinforce the importance of:

  • Careful screening;
  • Compassionate communication;
  • Trauma-informed practice;
  • Child-focused decision-making; and
  • Safety-centred dispute resolution.

A Creative Family Law Solutions Perspective

At Creative Family Law Solutions, we believe effective family law practice requires more than technical legal knowledge.

Families experiencing separation are often navigating grief, fear, uncertainty and emotional exhaustion.

Our approach is grounded in:

  • Empathy;
  • Respectful communication;
  • Collaboration where appropriate;
  • Child-focused outcomes;
  • Trauma-informed practice; and
  • Practical, compassionate support.

While litigation is sometimes necessary, many families benefit from carefully structured and professionally supported dispute resolution processes that minimise unnecessary conflict while maintaining safety.

The recent reforms to the Family Law Act support a more humane and safety-focused approach to family law practice — one that recognises the complexity of family violence and the importance of protecting children and vulnerable parties.

Final Thoughts

The changes to the Family Law Act 1975 since 2024 are among the most important reforms to Australian family law in recent decades.

They reflect a growing understanding that:

  • Family violence is complex and often non-physical;
  • Coercive control can continue after separation;
  • Children’s emotional and psychological safety matters deeply; and
  • Family law processes must prioritise safety, dignity and informed participation.

For experienced family lawyers and mediators, these reforms reinforce the importance of compassionate, trauma-informed and ethically grounded practice.

At Creative Family Law Solutions, we remain committed to helping families navigate separation with professionalism, care and a strong focus on safe and sustainable outcomes.

More resources