The Family Law Act 1975 (Cth) is the Commonwealth legislation dealing with parenting arrangements. It has been amended several times since the Commonwealth legislation was first passed in 1975.
Late last year, the Family Law Amendment Act 2023 was passed by the Australian Parliament. These changes largely relate to the law around children, and most of these changes came into effect on 6 May 2024.
In simple terms, some changes include that:
- There is no longer a presumption in favour of equal shared parental responsibility;
- The considerations that guide the Court about what is in a child’s best interest have been simplified;
- There is a positive requirement for Independent Children’s Lawyers to meet with children, with limited exceptions;
- There are simpler compliance and enforcement provisions for child-related orders; and
- There are new powers for the Court dealing with ‘harmful litigation’ and to regulate ‘family report writers’.
If you are in the process of discussing or finalising parenting arrangements, or if you are currently seeking parenting orders before the Court, then it is important to know that these changes apply to you. We suggest that you get in touch with us to obtain updated advice in relation to how this law impacts you if there is no resolution of your parenting matters.
