Is There a 50/50 Custody Presumption in Australia?

Many separating parents still assume Australian family law starts from an even 50/50 split of a child’s time. That assumption is no longer accurate.

What changed in 2024?

The federal Labor government removed the presumption of equal shared parental responsibility from the Family Law Act 1975 (Cth) in 2024.¹ This presumption had previously encouraged an expectation that parenting time itself should default to an even split. Its removal also unwound related child support settings that had assumed each parent would bear their own costs under a 50/50 arrangement.

How are parenting arrangements decided now?

There is no starting formula. Courts assess the safety of the child, the child’s own views where age appropriate, their developmental and emotional needs, and each parent’s practical capacity to meet those needs, then build an arrangement from that assessment. This sits under the broader best interests of the child test .

Does this mean 50/50 arrangements no longer happen?

No. Genuinely agreed 50/50 arrangements remain common and are approved by courts where appropriate. What has changed is that neither parent can point to a legal presumption in their favour as a starting negotiating position.

Related Topics

• Parenting arrangements and the end of the 50/50 rule – /legal-matters/drones-rental-cars-parenting-relocation-legal-questions-18-august-2026/
• Best interests of the child test – /faq/family/best-interests-of-the-child-test-family-law/
• Parental responsibility versus time spent with children – /faq/family/parental-responsibility-vs-time-with-children/