02/06/2026
"I'll get 50/50. It's my right."
It's one of the most common things we hear. And it's one of the biggest misconceptions in family law.
There is no automatic right to equal time with your children in Australia. Since the Family Law Amendment Act came into effect in May 2024, the old presumption of equal shared parental responsibility has been repealed.
The court now applies a simplified best interests framework, and the single most important factor is safety. Beyond that, it looks at the child's developmental needs, their emotional wellbeing, and the practical circumstances of each family.
The question is never "what's fair for mum and dad." It's "what arrangement best serves this child."
If you're going through a parenting dispute, understand how these decisions are actually made before you walk into a negotiation with the wrong expectations.
Watch the video to learn more.
Book your free 30-minute appointment at pearsonslawyers.com.au