The Changes to the Family Law Act
Various changes have been made commencing 6 May 2024
See how the changes to family law effect your family
There have been a number of changes to the Family Law Act that have commenced on 6 May 2024.
We will summarise the changes below, but for a more detailed summary you may wish to view the following factsheets:
Federal Circuit Court and Family Court
The important changes to the Family Law Act are:-
The previous starting point of considering that parents each spend equal time with children has been removed. The Court will now make parenting arrangements for who the children live with and what time they spend with the other parent based on all the best interests of the children.
The best interests of the children have been listed in section 60CC(2) and are:-
a) what arrangements would promote the safety (including safety from family violence, abuse, neglect, or other harm) of the child; and each person who has care of the child (whether or not a person has parental responsibility for the child)
b) any views expressed by the child
c) the developmental, psychological, emotional and cultural needs of the child
d) the capacity of each person who has or is proposed to have parental responsibility for the child to provide for the child’s developmental, psychological, emotional and cultural needs
e) the benefit to the child of being able to have a relationship with the child’s parents, and other people who are significant to the child, where it is safe to do so, and
f) anything else that is relevant to the particular circumstances of the child.
The changes highlight the importance of the Court considering any family violence and or abuse in parenting arrangements.
The changes also highlight that the Court will consider and promote the right of Aboriginal or Torres Strait Islander children to connect and enjoy their culture.
The concept of Parental Responsibility has been replaced with Joint or Sole decision making for major long-term issues for children. The Court will no longer start from the presumption of equal or joint decision making, and instead will consider the best interests of the children to decide if joint or sole decision making is appropriate.
Legal advisors must ensure they inform that the best interests of children is the paramount consideration, and encourage people to act according to the best interests of children.
The law stating that Final Parenting Orders can only be changed if the change is in the best interests of the children and is necessary because of a significant change of circumstances has been added to the Family Law Act.
The definitions for ‘relative’ and ‘member of the family’ had been expanded to include Aboriginal and Torres Strait Islander concepts of family. Various other definitions have been amended, including the definition of a Step Parent.
Independent Child Lawyers are now required to meet with children and give them the opportunity to express their views on potential parenting arrangements. This meeting must occur prior to Final Orders being made and there are exceptions including if the child is under 5 years of age or if the child does not wish to meet.
There are changes to cases recovering children from oversea countries including the children being able to express their wishes and Independent Child Lawyers being appointed.
The Court may make “Harmful Proceedings Orders” where it appears a Family Court process is harmful to a Respondent, including considering psychological harm or oppression, major mental distress, behaviour which causes a detrimental effect on the other party’s capacity to care for a child, or financial harm.
There have been other changes that are perhaps less impactful to parents, and more important to lawyers which we have not detailed above. This article is intended as a brief summary only and we recommend seeking legal advice based on your particular circumstances.
If you would like to discuss this or any other family law issue do not hesitate to contact our Ipswich office for family law advice tailored to your needs.