Equal Parenting Rights in Australia: Younger Than Colour TV

~ Not legal advice~ Just great information.

Equal parenting rights in Australia are younger than colour television; here’s how we got here.

It’s hard to believe, but when Australian families were first gathering around their new colour TVs in the mid-1970s, the idea that both parents should have equal rights and responsibilities for their children after separation was brand new.

For most of our legal history family law looked very different, and not in a good way for women.

1. Coverture: When a Woman’s Legal Identity Disappeared

Before the 20th century, the doctrine of coverture shaped family life in Australia. Under this English legal principle, a married woman’s legal identity was absorbed into her husband’s. Generally speaking, it meant she couldn’t own property, sign contracts, or make legal decisions in her own name.

When it came to child custody, fathers were presumed to have the dominant right, because women were legally “under” their husbands’ authority.

It’s confronting to realise that, in the eyes of the law, a married woman had little autonomy over her children or property.

2. The Married Women’s Property Acts and the Road to Suffrage

The late 1800s marked a slow shift. With the Married Women’s Property Acts (slowly introduced in various states / territories), women finally gained the right to own property and manage their own finances. These reforms, along with the women’s suffrage movement, began to challenge the old assumption that men were the sole decision-makers in families.

But progress was uneven. Even as women won the right to vote and stand for office, family law in Australia still reflected patriarchal traditions. Fathers were still generally viewed as the natural heads of households, and mothers’ caregiving roles were often undervalued.

3. The Family Law Act 1975: A New Era

A lot changed with the introduction of the Family Law Act 1975 (Cth), a landmark piece of legislation that revolutionised family law in Australia. It’s still the primary family law statute today, but has been amended a lot over the years.

This significantly changed the family law legal landscape, including that couples could divorce without proving fault, and it also laid the groundwork for the modern idea of shared parental responsibility. That is, that both parents have equal legal rights and obligations when it comes to raising their children, regardless of who the children live with day to day.

It’s incredible to think that the concept of equal parenting rights in Australia is less than 50 years old, younger than colour TV, younger than the Sydney Opera House, and younger than many of our parents.

4. Why This History Still Matters

Understanding the history of family law in Australia helps put into perspective family law today. The move from patriarchal control towards more equality under the law didn’t happen overnight, and it’s still evolving. Today’s focus on shared parental responsibility reflects a more balanced approach, but it also requires ongoing awareness of the diverse realities families face.

For separated parents navigating the system now, knowing this history isn’t just interesting, it’s also (hopefully) empowering. It shows how far we’ve come, and reminds us that the parenting rights were built on decades of change driven by women, reformers, and advocates who believed families could be fairer.

Equal parenting rights in Australia may be young, but they represent one of the most transformative shifts in our legal and social history, one that continues to shape families, courts, and communities today.