Important Amendments to the Family Law Act

 

The Family Law Amendment Act 2023, which came into effect on 6 May 2024, introduces significant changes to parenting matters within Australia’s family law system. These reforms aim to simplify the process and prioritise the best interests of children.

 

Key Changes

  1. Removal of Equal Shared Parental Responsibility Presumption

The Act abolishes the presumption of equal shared parental responsibility. This change allows for more flexible parenting arrangements, enabling different responsibilities to be assigned to each parent based on the child's needs.

  1. Redefined "Best Interests of the Child"

The court is now required to consider six general factors equally when determining what constitutes a child's best interests:

  • The safety of the child and caregivers
  • The views expressed by the child
  • The developmental, psychological, emotional, and cultural needs of the child
  • The capacity of each parent to meet these needs
  • The benefits of maintaining relationships with parents and significant others
  • Any other relevant circumstances

Additional considerations apply specifically for Aboriginal or Torres Strait Islander children.

  1. Revised Grounds for Modifying Final Parenting Orders

From 6 May 2024, courts may only modify final parenting orders if there is a significant change in circumstances and it is in the child's best interests or if all parties agree to the change. This aims to reduce unnecessary litigation and uncertainty for children.

  1. Enhanced Role of Independent Children's Lawyers (ICL)

ICLs are now required to meet with children aged over five years unless the child objects or exceptional circumstances arise. This ensures that children’s voices are heard more directly in legal proceedings.

Implications

These reforms seek to create a more child-focused approach in family law matters. By removing presumptions regarding parental responsibility and emphasising individual circumstances, the changes aim to better accommodate diverse family situations.The new legislation applies only to cases decided after 6 May 2024 and does not affect previously finalised matters. As these changes are recent, their full impact on family law proceedings will take time to assess.

Published by:

Christine Weston Divorce Australia

Published by, Christine Weston
Founding Director and Creator of Divorce Resource
Australian Nationally Accredited Mediator and Divorce Coach

This article contains general information only. For advice regarding your own personal circumstances, always seek individual advice from a qualified professional. Read the full Divorce Resource.com.au Disclaimer here

 

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