Documentation Index
Fetch the complete documentation index at: https://help.rytz.com.au/llms.txt
Use this file to discover all available pages before exploring further.
This is legal information, not legal advice. This page is reviewed against the Family Law Act 1975 (Cth), the Federal Circuit and Family Court of Australia (Family Law) Rules 2021, and current case law on AustLII — but not by a practising family-law solicitor. For advice on your matter, see Free legal help in Australia — Legal Aid, Community Legal Centres, Justice Connect, Women’s Legal Services, and Aboriginal Legal Services offer free or low-cost help.
Parenting — the s60-series
s60CA — Best interests as the paramount consideration
In deciding whether to make a particular parenting order in relation to a child, a court must regard the best interests of the child as the paramount consideration.What it means in practice: the court does not balance the children’s interests against the parents’. The children’s interests come first. This single sentence is the foundation of every parenting decision in Australia. Where you’ll see it: the Parenting Planner letterhead, every AI strategic briefing, the Case Roadmap pre-application stage.
s60CC — How the court determines best interests (post-2024)
Section 60CC(2) lists six general considerations. Section 60CC(2A) adds a mandatory consideration of family-violence history. There is also a standalone consideration for Aboriginal and Torres Strait Islander children’s right to enjoy their culture. The six general considerations under s60CC(2):| s60CC(2) | Consideration |
|---|---|
| (a) | What arrangements would promote the safety (including from family violence, abuse, neglect or other harm) of the child and each person who has care of the child |
| (b) | Any views expressed by the child |
| (c) | The developmental, psychological, emotional and cultural needs of the child |
| (d) | The capacity of each person who has, or is proposed to have, parental responsibility for the child to provide for those needs |
| (e) | The benefit to the child of being able to have a relationship with the child’s parents, and other people significant to the child, where it is safe to do so |
| (f) | Anything else relevant to the particular circumstances of the child |
The text in the table above is a close paraphrase of the statute, not a verbatim quote. For the precise statutory wording, read section 60CC on AustLII or the Federal Register of Legislation. For matter-specific advice, consult a family-law solicitor.
s60CG — Orders consistent with family-violence orders
Every order made under Part VII must be consistent with any family-violence order in force, and must avoid exposing anyone to an unacceptable risk. Where you’ll see it: the family-violence safety overlay (clause 12) cross-references this section.s60I — Family Dispute Resolution requirement
Before filing a parenting application, parties must (with limited exceptions) attend FDR with an accredited practitioner and obtain a section 60I certificate. Exceptions: family violence, urgency, child-protection involvement, contravention. Where you’ll see it: the Dispute Resolution clause (clause 10) of the parenting plan, the Case Roadmap pre-action stage.s61DA — Parental responsibility (post-2024)
The presumption of equal shared parental responsibility was repealed in 2024. The court now decides parental responsibility on the best-interests test alone. What it means in practice: parties can still agree to joint parental responsibility (and most do), but the court no longer starts from a presumption. Where you’ll see it: the Parental Responsibility clause (clause 1).s63C — Parenting plans
Defines what a parenting plan is. Four bare requirements: in writing, signed by parents, dated, between parents. Where you’ll see it: every page of the Parenting Planner. See Section 63C explained.s64B — Content of parenting orders
Lists what a parenting order can address — who the children live with, who they spend time with, communication, parental responsibility, dispute resolution. Defines the scope of what s63C plans can validly cover.s65DAAA — Threshold to vary final parenting orders (post-2024)
Codifies the Rice v Asplund threshold. A court will not reconsider final parenting orders unless there has been a significant change in circumstances since the orders were made. What it means in practice: “I just don’t like the orders” is not enough. The applicant must show what has changed and why that change requires the orders to be revisited. Where you’ll see it: the Review Windows clause (clause 11) of the parenting plan, the Rice v Asplund readiness checker in Beyond the Plan.Property — the s79 framework
s79 — Power to alter property interests (married)
The court’s power to make orders altering the interests of the parties in their property. The basis for every property settlement in a matter that was a marriage. The four-step process the court applies:- Identify the asset pool (assets, liabilities, financial resources)
- Assess contributions (financial, non-financial, parental, homemaker)
- Assess future needs (s75(2) factors — age, health, income capacity, care of children, etc.)
- Consider whether the proposed orders are just and equitable
s90SM — Power to alter property interests (de facto)
The de facto equivalent of s79. Same four-step process, applies to de facto relationships (including same-sex) of two years or more, or with children of the relationship.s75(2) — Future needs factors
The 16 factors the court considers under step 3 of the s79/s90SM process. The most-cited:- (a) Age + state of health of each party
- (b) Income, property + financial resources of each party
- (c) Care of children of the relationship
- (d) Standard of living that is reasonable
- (k) Length of the relationship
- (n) Need to protect the position of a child
Procedure — the s44-series
s44(3) — Property settlement limitation period (married)
12 months from the date of divorce. After that, leave of the court is required.s44(5) — Property settlement limitation period (de facto)
24 months from the date of separation. After that, leave of the court is required. Where you’ll see it: the Settlement Planner timeline checker, urgency flags in the AI briefing.Reading the Act
The full text is on the Federal Register of Legislation. You can navigate by section number or read the consolidated full text. When you see a citation likes60CC(2)(a) — that’s section 60CC, subsection 2, paragraph (a). Always current online.
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Landmark cases
The case-law line each statute sits within. Stanford, Mallet, Rice v Asplund, M v M.
Glossary
Every acronym + term you’ll encounter.