On 10 December 2025, Australia implemented a world-first legislative ban on children under the age of 16 holding accounts on major social media platforms including Instagram, TikTok, Facebook, Snapchat, YouTube, Reddit and others.

The change – which was introduced through the Online Safety Amendment (Social Media Minimum Age) Act 2024 (SMMA Act) – aims to protect children from early exposure to the pressures and risks associated with having social media accounts, including addictive design features, harmful content and cyberbullying.

Whilst the legislation is primarily focused on ensuring social media platforms take reasonable steps to prevent users under 16 from creating or keeping accounts, the legislation may also have practical implications in parenting matters and proceedings.

For separated parents, restricting your child’s access to social media is no longer simply a household rule or parenting preference – it is now a matter of federal law.

Existing parenting orders and agreements: Are they still valid?

For families with existing parenting orders or a parenting plan in place, the new legislation may have immediate consequences.

The Federal Circuit and Family Court of Australia cannot make or enforce orders that override Commonwealth legislation. Accordingly, any clause that effectively authorises children under 16 holding or using a social media account contrary to the SMMA Act may be unenforceable.

Put simply, if an order permits something the legislation now prohibits, the Court cannot enforce that part of the order.

Separated parents who already have existing parenting orders or a parenting plan in place should review their agreement to determine whether it includes:

• References to a child under 16 having a social media account;
• Parents supervising their children’s social media accounts; or
• Any orders providing a child can communicate with a parent via a social media platform.

Even provisions that were previously drafted to regulate or supervise social media use may now require reconsideration.

If a parent finds that their current orders or parenting plan does appear to authorise children under 16 accessing or using social media platforms, they should seek legal advice as to the enforceability of the clause.

In light of the recent legislative changes, it may be that a variation to the orders or parenting plan is necessary to reflect the current legislative framework.

In some cases, a simple agreed variation may resolve the issue. In others, formal steps through the Court may be required. Early advice is critical.

Parents navigating the legislative framework in current parenting negotiations

For parents currently negotiating parenting arrangements, whether Court proceedings have been commenced or not, social media use is no longer just a household preference. Separated parties must now consider the legislative requirements for the social media ban as they navigate their family law matter, including:

• How each household will comply with the minimum age requirement for social media use;
• How social media restrictions will be maintained in each parent’s care to maintain consistency; and
• Alternatives for children to communicate with family members with the social media restriction.

This may involve practical discussions about device management, parental controls, monitoring applications, and agreed communication platforms that comply with the legislation.

Not only this, but if a parent is aware their co-parent is assisting their children circumvent the age restrictions, this could raise concerns about safety, supervision and compliance with the law. This can be relevant when the Court is assessing the best interests of the children, being the paramount consideration in family law matters.

A parent’s attitude toward compliance with federal law may become a relevant factor in assessing their capacity to provide appropriate supervision and guidance.

At this stage, there is limited case law precedent on such issues and its impact on family law matters. However, with the recent legislative changes, and the impacts on individuals in the family home, it can be expected that issues surrounding online access, supervision and parental compliance may increase.

As families navigate separation in this evolving landscape, understanding the limits on children’s social media access, and reflecting those limits in parenting arrangements, will be essential. These legislative changes now mean that social media use and online engagement are no longer matters for personal discretion of the parents but rather are mandated by federal law.

Consistency between households will be key. Mixed messages or inconsistent enforcement can create conflict not only between parents, but also confusion for children.

To ensure parents are fully informed and on the same page, it is advisable to seek legal advice of your obligations and ways to set expectations clearly with your co-parent, so consistency is maintained for the children across both households.

If you are unsure how these changes may affect your current orders or negotiations, obtaining tailored legal advice early can prevent unnecessary dispute and ensure your arrangements remain legally sound. Our family law team is here to help.