Understanding the Upcoming Changes to the Family Law Act

As we approach the 6th of May 2024, it's crucial for individuals and legal professionals alike to be aware of the significant changes to the Family Law Act that will soon come into effect. These amendments are set to reshape the landscape of family law in Australia, impacting how family law proceedings are conducted and the principles that guide decision-making in family courts.

Key Changes to the Family Law Act

1.? Parenting Framework Overhaul

?The Amendment Act simplifies the parenting framework, focusing on the best interests of the child. The revision emphasizes the child's safety and aligns with the Convention on the Rights of the Child. A new set of factors in section 60CC will guide the court in determining what's best for the child:

• protection from violence, abuse, neglect,
• consideration of the child's expressed views,
• emotional, developmental, psychological, and cultural needs,
• the capacity of each person with parental responsibility to provide for the child’s needs,
• the benefit to the child of having a relationship with each parent and the other significant people in the child’s life, when it is safe to do so,
• any other factor that is relevant to the circumstances of the child.

2.? Removal of Presumption of Equal Shared Parental Responsibility

The presumption that parents will share parental responsibility equally, as provided in section 61DA, is being removed. This change allows the court to determine parental responsibility based solely on the child's best interests in each individual case.

3.? Enforcement of Orders

The amendments aim to strengthen the enforcement of orders by removing specific cost order provisions and community service orders for non-compliance. The court will have the authority to enforce parenting programs and other measures to ensure compliance.

4.? Expanded Definition of 'Family'

The terminology regarding who constitutes a 'member of the family' or 'relative' is being broadened. This change will allow for a more inclusive consideration of step-parents, domestic violence, and cultural kinships in determining the child's best interests.

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Implications of the Changes

By removing the presumption of equal shared parental responsibility and revising the factors that determine a child's best interests, the courts are empowered to make decisions that reflect the unique circumstances of each case.

For those navigating the family law system, it's essential to understand how these changes may affect your situation. Whether you're involved in new or existing matters, except where a final hearing has commenced, these amendments will apply.

As we move closer to the implementation date, staying informed will be key to adapting to the new family law framework.