Understanding Parenting Arrangements with a Family Lawyer in Sydney

The Family Law Amendment Act 2023 was passed by the Australian Parliament in October 2023, with most changes commencing on 6 May 2024. The changes include new laws about how courts will make parenting orders in the best interests of a child, introducing a shorter list of factors for courts to consider, removing the presumption of equal shared parental responsibility, and removing the requirement that courts must consider equal time or substantial time arrangements.

What a Family Lawyer Does in Parenting Matters

The role of a family lawyer in Sydney is different in parenting matters than in property disputes.

Here is where the legal help is most valuable.

Framing the Evidence Correctly

The six section 60CC factors require evidence, not assertion. Courts do not decide parenting cases on character assessments. They look at documented patterns: who takes the child to appointments, who attends school events, who responds to health concerns. That is the evidence that counts. 

The six factors cover safety, the child's views, their developmental and psychological needs, their benefit from relationships with parents and significant others, parental capacity, and a catch-all for anything else relevant to the child's circumstances. Each requires evidence. 

The court relies heavily on evidence, including affidavits, expert reports, and witness testimonies, to evaluate each consideration. It tailors decisions to the child's specific circumstances. Where considerations conflict, such as safety versus maintaining relationships, the court prioritises the child's immediate and long-term welfare.

Managing Safety Issues Appropriately

In 2024-25, in matters where parenting orders were sought, data from Notices of Child Abuse, Family Violence or Risk filed with the FCFCOA indicates that in 86 per cent of matters, one or more parties alleged that they had experienced family violence. This figure, from the Productivity Commission's 2026 Report on Government Services, reflects how common these issues are in parenting proceedings.

When family violence is present, the legal steps that protect a parent and child need to happen in the right sequence. That includes applying for Apprehended Violence Orders (AVOs) through the NSW police or Local Court where appropriate, ensuring the family violence history is properly documented for the family law proceedings, and understanding how that history affects both the parenting case and any property settlement.

A lawyer who works regularly in Sydney's courts understands how these systems interact. Family violence orders are made under NSW state law; the family law proceedings are federal. Getting the approach right across both requires legal knowledge that is specific to this jurisdiction.

Understanding When to Involve an Independent Children's Lawyer

In high-conflict or complex cases, particularly those involving allegations of family violence, child abuse, or serious risk, the court may appoint an Independent Children's Lawyer (ICL) to represent the child's interests. The Family Law Amendment Act 2023 requires ICLs to meet directly with children to seek their views, subject to certain exceptions.

An ICL is not a legal representative for either parent. They are appointed by the court and paid for separately. But understanding when an ICL is likely to be appointed, and how to work constructively with them, is something a lawyer advises on.

Preparing for Changing Arrangements Over Time

Parenting orders are not permanently fixed. This is known as the Rice v Asplund principle. The 2023 amendments codified it in the legislation through section 65DAAA, which also adds a second requirement: that the court must be satisfied it is in the child's best interests for the matter to be reconsidered at all, even where a significant change in circumstances is established. 

What this means practically is that the orders you get now matter for a long time. A lawyer helps you think about the child's whole developmental arc, not just the immediate arrangement, so the orders reflect what will genuinely work as the child grows.