New Changes to Family Law Parenting Matters

Some sections of the Family Law Act 1975 that deal with parenting matters have recently changed. These modifications will affect parenting cases that are currently ongoing in the Federal Circuit and Family Court of Australia and will also apply to all new applications related to parenting filed in the court after 6 May 2024.

Summary of Important Changes:

• Removing the presumption of equal shared responsibility.
• Introducing a shorter list of factors for the Courts to consider when deciding whether parenting arrangements are in the best interests of the child/children.
• Introducing new sections about decision making on major long-term issues.

Removed Presumption of Equal Shared Responsibility

The court no longer starts their decision making with the presumption that both parents should have equal responsibility on decisions concerning the long-term interest of their child/children such as education, religion, and medical treatment. Rather, the best interests of the child are determined first according to a condensed set of factors. The court will then determine how parental responsibility will be allocated and the amount of time each parent is entitled with their child.

New ‘Best Interest’ Factors

The Court must consider the following factors when determining what is in the child’s/children’s best interests:

1. What arrangements would promote the safety (including safety from family violence, abuse, neglect, or other harm) of the child/children, and each person who has care of the children;
2. Any view expressed by the child/children (Including meeting the Independent Children’s Lawyer to express their views, if engaged);
3. The developmental, psychological, emotional and cultural needs of the child/children;
4. The capacity of each person who has or is proposed to have parental responsibility for the child/children to provide for the children’s developmental, psychological, emotional and cultural needs;
5. The benefit to the child/children of being able to have a relationship with the child’s/children’s parents, and other people who are significant to the child/children (where it is safe to do so); and
6. Anything else that is relevant to the particular circumstances of the child/children (the particular circumstance must be raised for the Court to give consideration to when determining the child’s/children’s best interest).

For more information, see: Family Law Amendment Act 2023: Factsheet for parents