Prior to 2023, the Family Law Act (the Act) provided that one of the factors to be considered when determining what is in the best interests of children was that the children have the benefit of having a “meaningful relationship” with both parents. Despite the word “meaningful” being included in the act three times, there was no definition in the Act of what “meaningful” actually meant. This required decision makers to turn to the case law to understand the meaning of “meaningful relationship”. Generally, it was considered that a “meaningful relationship” was one that was important, significant and valuable to the child.
Following amendments to the Act in 2023, the word “meaningful” does not appear in the Act at all. Now, Section 60CC of the Act includes a consideration about “the benefit to the child of being able to have a relationship with the child’s parents and other people who are significant to the child, where it is safe to do so.” In relation to the change of this section of the Act, the 2023 Explanatory Memorandum stated that “This consideration recognises the importance of parental relationships and relationships with other people who are significant to the child (such as grandparents or members of a broader kinship group) to a child's wellbeing. Parenting orders, where appropriate and safe, should ensure children benefit from a close and nurturing relationship with their parents.
Proponents of the reform argued that it simplified the law and removed ambiguous or subjective terminology. In addition to this, it was argued that the existing framework around “meaningful relationships” disadvantaged victims of family violence by promoting a “pro-contact” culture.
Conversely, opponents to the reform were concerned that the removal of the word “meaningful” may mean that any relationship could be considered acceptable. Another concern is that parents who spend less time with their children and are seeking meaningful involvement may be disadvantaged.
The topic was recently raised in Joustra & Schuman [2025] FedCFamC2F 1478. In this case, Judge Suthers provided a summary of the type of relationship that was required under section 60CC following the removal of the reference to “meaningful relationship”. In short, it was decided that:
1] The simplification of the Act and removal of the word “meaningful” did not limit the Court’s discretion in relation to the application of section 60CC, nor does it diminish the case law informing the definition of “meaningful relationship”;
2] In assessing the whether or not there is a benefit to children in maintaining or establishing a relationship with their parents, the Court is still required to undertake an assessment of the nature and quality of the relationship the child currently has with their parents, and if no relationship exists, the benefit to the child being able to develop a relationship with their parent or another person of significance; and
3] Even if the removal of the word “meaningful” meant that decision makers would no longer rely on the existing case law which defines “meaningful relationship”, then relationships that children have with parents and other significant people would be informed by the child finding value in those relationships because those relationships “embrace the child’s own individual personality traits and developmental needs in a child-focussed and loving manner that is capable of being found to be close and nurturing.”
The Act's change raises the question: "Do parent/child relationships still need to be meaningful?"
For many, the removal of the requirement for a relationship to be “meaningful” may be worrying. However it is important to keep in mind that the paramount consideration in determining parenting matters is the best interests of the children and ensuring children’s safety takes precedence.
It appears from the recent case law that the Courts are still referring to previous case law and conducting a form of qualitative assessment to ensure that the relationship is one that is in the best interest of and valuable to a child. After all, the legislation provides that the courts must consider the benefit to the child of having a relationship with a parent or other person. Where there is no benefit, or it is not in the children’s best interests, the Court can exercise its discretion appropriately.
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