As of May 12, the Victorian Government’s Children, Youth, and Families Amendment (Stability) Act 2026 has come into effect. The purpose of this Amendment to the legislation is to prioritise children staying with their families wherever possible. “Stability” is now established as the paramount guiding principle in all care arrangements for children and young people in Victoria.

The issues arising in the previous framework

Under the previous legislative framework, parents whose children were in out‑of‑home care usually had only 12 months (or 24 months in exceptional cases) to show the court it was safe for their children to return home.

These strict time limits did not accommodate the significant barriers families faced in accessing basic services, including long waitlists, slow access to NDIS supports, the length of family violence recovery programs, and alcohol and other drug treatment often extended well beyond a year. The result was that even when parents were making real progress, if reunification did not happen before the cut‑off date, children could be permanently removed from their families.

What the Stability Act changes

The Act aims to refine the child protection system while keeping the child’s best interests at the centre. Its key features include:

• Removing the 12 month and 24 month time limits for children to reunify with their parents under family reunification orders.
• Removing adoption from the hierarchy of permanency objectives.
• Replacing “permanency” with “stability” as a key element in determining the best interests of the child.

Stability is defined broadly, to recognise that children need more than just a roof over their heads:

• Legal stability – secure, predictable legal arrangements.
• Physical stability – safe, consistent living arrangements.
• Cultural stability – strong connection to culture, community and identity.
• Relational stability – safe, enduring relationships with carers and family.

Taken together, these changes are intended to support a more child-focused system that protects children, whilst also preserving children’s meaningful connections with their families and communities through reunification principles.

The Children’s Court can now issue multiple extensions of family reunification orders (of up to 12 months) if it is in the child’s best interests to do so.

The removal of the time limits was specifically recommended by the Yarook Justice Commission’s report, and acknowledges that a uniform approach to reunification is not appropriate.

Why these reforms matter

Where it is safe, reunification is the preferred outcome under the legislation. The previous timeframes often had the effect of making reunification harder to achieve.  It is hoped that the amendments will allow for greater flexibility in decision making that will allow for families to stay together where possible. Nicholes Family Lawyers have expertise advising clients across a wide range of family law matters, including child protection matters. Should you require any advice about your situation, please contact our office on (03) 9670 4122 to arrange an initial consultation.