Australia — Family Law Act 1975 amended 2024 (meaningful relationship duty)

TL;DR¶

Australia's Family Law Act 1975 (Cth) — substantially amended by Family Law Amendment Act 2023 (effective 6 May 2024) — governs parenting arrangements. The 2024 reform removed the presumption of equal shared parental responsibility but retained the meaningful relationship duty under reformed s.60CC. Federal Circuit and Family Court of Australia (FCFCOA, merged 2021) is exclusive jurisdiction. Hague 1980 (1987) + Hague 1996 (2003). Major diaspora destination for UK, NZ, China, India, Philippines, Vietnam — heavy cross-border caseload.

Statutory framework — Family Law Act 1975 (post-2024)¶

s.60B (Objects and principles)¶

Children have right to know and be cared for by both parents (subject to safety)
Right to spend time with people significant to their care
Right to protection from harm

s.60CC (Best interests determination — post-2024)¶

The 2024 reform replaced the prior 2-tier "primary considerations" + "additional considerations" framework with a streamlined list:

Six primary considerations (s.60CC(2)): 1. Promoting safety of child and persons caring for them 2. Any views expressed by the child 3. Developmental, psychological, emotional, cultural needs of the child 4. Capacity of each carer to provide for child's needs 5. Benefit of child being able to have a relationship with each parent and any other significant persons 6. Anything else relevant to particular circumstances of the child

Indigenous-specific consideration (s.60CC(3)): right to enjoy Aboriginal/Torres Strait Islander culture

s.61D (Parental responsibility)¶

Parents share parental responsibility by default
Court orders may modify
2024 reform REMOVED the presumption of equal shared parental responsibility

s.65DAA (REMOVED 2024)¶

Pre-2024: court had to consider whether equal/substantial-and-significant time was in child's best interests
POST-2024: streamlined to focus on what arrangements promote safety + meaningful relationship

Established framework for less-adversarial procedure in parenting matters
Child-focused approach

Family Court of Australia structural reform (2021)¶

Family Court of Australia + Federal Circuit Court merged → Federal Circuit and Family Court of Australia (FCFCOA)
Two-division structure (Division 1: appeal capacity; Division 2: original jurisdiction)
Aim: streamline family-law procedure; reduce duplication
Effective 1 September 2021

High Court / Full Court jurisprudence¶

MRR v GR [2010] HCA 4¶

Confirmed primacy of child's best interests over parental rights
Foundational High Court decision on parenting orders

Goode v Goode [2006] FamCA 1346¶

Pre-2024 framework for equal-shared-parental-responsibility analysis

Re Sorato [2024] FedCFamC1F — pending appellate clarification¶

One of first post-2024 reform applications
FCFCOA Division 1 currently working through 2024 framework

Parental alienation jurisprudence¶

McGregor & McGregor [2012] FamCA 487¶

Foundational Australian PA case
Court ordered residence transfer where mother systematically obstructed contact and engaged in alienating conduct

Banister & Banister [2018] FamCAFC 215 (Full Court)¶

Confirmed PA evidence properly considered under best-interests framework
No requirement of "syndrome" diagnosis; behaviour-pattern evidence suffices

Hales & Hales [2022] FedCFamC1F 442¶

Recent application of PA framework
Court referenced international PA literature (Bernet, Warshak, Harman)
Ordered intensive therapeutic intervention (similar to Family Bridges model)

Kemmer & Kemmer [2024] FedCFamC1F¶

Post-2024-reform application
Confirmed PA-evidence remains relevant under new s.60CC framework

Hague + cross-border framework¶

Hague 1980: signatory since 1 Jan 1987; Commonwealth Central Authority (Attorney-General's Department) — for outgoing; State Central Authorities for incoming requests in each state
Hague 1996: signatory since 1 Aug 2003
Active corridors: New Zealand (Trans-Tasman Family Court Cooperation), UK, US, Canada, China, India, Philippines, Indonesia, Vietnam, Lebanon
Trans-Tasman Family Court Cooperation Act 1989 — special simplified procedure with NZ

State-level child-protection interactions¶

Child-protection (state jurisdiction): NSW DCJ, VIC DFFH, etc.
Family law (federal jurisdiction): FCFCOA
Coordination protocols between systems
2024 reform strengthened state-federal interface

Parental alienation recognition¶

Recognised as factor in best-interests analysis since McGregor (2012)
Australian Psychological Society published PA assessment framework 2017 (updated 2023)
Federal jurisprudence consistent across major PA cases
2024 reform retained PA-relevance through s.60CC meaningful-relationship factor

Diaspora pattern¶

UK: ~1.2M (largest single overseas-born group)
New Zealand: ~580k (CER mobility framework)
China: ~650k
India: ~720k
Philippines: ~310k
Vietnam: ~270k
Lebanon: ~80k
Italy, Greece, Germany: historic post-war communities
Very active Trans-Tasman corridor; high-volume Hague workflow with UK, China, India

Citing posts¶

Post URL	Relevance
https://www.antialienate.com/blog/parental-alienation-legal-frameworks-world	Australian 2024 reform framework
https://www.antialienate.com/blog/parental-alienation-international-court-rulings	McGregor / Banister / Hales
https://www.antialienate.com/blog/international-parental-alienation-cross-border-cases	Trans-Tasman + Hague workflow

Sources¶

Family Law Act 1975 (consolidated): https://www.legislation.gov.au/C2004A01413/latest
Family Law Amendment Act 2023: https://www.legislation.gov.au/C2023A00087
McGregor & McGregor [2012] FamCA 487: https://www.austlii.edu.au
Banister & Banister [2018] FamCAFC 215: https://www.austlii.edu.au
FCFCOA: https://www.fcfcoa.gov.au
HCCH Australia: https://www.hcch.net/en/states/hcch-members/details1/?sid=4

By Alan Markson · CC BY 4.0 · Disclaimer: This entry is educational reference material and does not constitute legal advice. Consult a qualified Australian family lawyer (Family Law Section, Law Council of Australia) for case-specific guidance.