Landmark Family Law Parenting Reforms took effect on Monday 6 May 2024
On Monday, 6 May 2024 the most significant reforms made to the Family Law Act in over 15 years came into effect, simplifying the way in which parenting applications are considered by the Court and making the family law system safer and easier for separating families and their children.
The amended legislation recognises the need for a simpler and safer family law system, and improved information sharing between authorities to address family safety risks.
Significantly, it is now law that the resolution of parenting disputes should always be based solely on what is in the best interests of the child.
Family Law Amendment Act 2023
The Family Law Amendment Act 2023 aims to assist courts and parents to resolve parenting disputes safely, efficiently and with a clear focus on the best interests of the children involved.
The reforms remove the ‘presumption of equal shared parental responsibility’, which has often been misunderstood as meaning parents have a right to equal shared time. This has allowed some parents to be coerced into agreeing to equal time arrangements that are unsafe.
This change makes it clear that all decisions about parenting arrangements should be based on what arrangements best meet the needs of the individual child.
The reforms also:
- Provide a simple, child-focussed list of ‘best interest’ considerations to streamline the decision-making process for parenting orders
- Establish requirements for Independent Children’s Lawyers to meet directly with children and seek their views
- Include a definition of ‘member of the family’ that is inclusive of Aboriginal and Torres Strait Islander concepts of family and kinship
- Introduce simpler compliance and enforcement provisions for child-related orders
- Create new powers for the courts to prevent harmful and vexatious litigation
- Enable government to regulate family report writers, and
- Ensure that children’s voices are heard more easily in matters under the Hague Convention on the Civil Aspects of International Child Abduction.
From 6 May 2024, the changes relating to parenting matters will apply to all new parenting applications and existing parenting matters before the courts, except where a final hearing has already commenced.
Family Law Amendment (Information Sharing) Act 2023
The Family Law Amendment (Information Sharing) Act 2023 establishes an enhanced framework for sharing information relating to family violence, child abuse, neglect and risk between the family law courts and information sharing agencies. The reform introduces new information sharing orders for the courts to quickly seek information from police, child protection and firearms agencies about family violence, child abuse and neglect that could place children at risk.
The changes will help to ensure the courts have access to a holistic picture of family safety risk in order to prioritise the safety of children and families, particularly in circumstances where there is risk of child abuse, neglect or family violence.
From 6 May 2024, these changes will apply to all child-related proceedings, including when a final hearing has already commenced.
We’ve been working hard to ensure we’re across the changes and able to advise our clients on how best to navigate the reforms. Let us be your voice in troubled times.
From your very first conference with us you will know where you stand, what your options are and what to expect.
That is why your first 30-minute consultation with us is FREE.