The Family Law Amendment Act 2024 and The Family Law Amendment(Information Sharing) Act 2023 commenced on 6 May 2024. The changes to the Family Law Act includes new laws about how the Courts will determine parenting orders in the best interests of a child. The amendments include provisions on what a court must consider when determining what is in the child’s best interests, and what is expected for separated parents to do prior to making decisions about major long-term issues for their children.
Some of the major changes to the Family Law Act include:
- Changes to the position regarding parental responsibility. Parental responsibility is all the duties, powers, responsibilities and authority which, by law, parents have in relation to children. The amending legislation does not change the fact that separated parents each themselves have responsibility for their children in the absence of Orders, however importantly the presumption of equal shared parental responsibility no longer applies. When making decisions regarding parental responsibility, the Court will consider matters to determine what is in the best interests of a child. Where it is safe to do so, the Court encourages parents to consult with each other about major long-term issues regarding children and have their best interests as the paramount consideration.
- The Court is no longer compelled to consider first an equal time arrangement for the child, even if it is in the best interests of the child for their parents to jointly make long term decisions affecting them. It is open to the Court to consider any such parenting arrangement deemed to be in the best interests of the child.
- When determining what is the best interests of children, the Court will now consider the seven factors set out in the legislation which include, but are not limited to, the safety of the child and people who care for the child, and the developmental, psychological, emotional and cultural needs of the child.
- The amendments codified the rule in the case of Rice v Asplund (1979), and the new corresponding section of theAct sets out that a Court must not reconsider ‘new’ final parenting Orders unless the court has considered if there has been a significant change of circumstances since the final parenting order was made, and the court is satisfied that it is in the best interests of the child for the final parenting order to be reconsidered. It is not essential that the court determines there has actually been a significant change in circumstances, but will need to be satisfied it is in the best interests of a child to have the court determine parenting orders again.
- Further, Independent Children’s Lawyers are required to meet with the child and provide the child with an opportunity to express a view, unless an exception applies.
Noting the changes that came into effect on 6 May 2024, they will apply to all new and existing parenting proceedings from this date. Your lawyer will be able to provide specific advice about how the changes impact your matter and the potential outcome.