How will the new Family Law Act Changes affect your Family?
The new Family Law changes will affect all new parenting matters and those that have already commenced before the Court but not concluded before 6 May 2024.
The Family Law Amendment Act 2023 sets out new laws about:
What issues a court must consider when determining what is in the child’s best interests.
Who will be responsible for making decisions about long-term issues for a child.
When a child spends time with the parent with whom they will not live with;
Whether a concluded parenting case can be re-opened.
What is in the best interests of the child or children?
Under the amendments, the Court will consider six main factors when deciding what parenting arrangements will be in the best interests of the child. The new factors include the following:
The safety of the child and the safety of each person that cares for the child.
The child’s own views.
The developmental, psychological, emotional, and cultural needs of the child.
The capacity of each person who will be responsible for the child (including their capacity to provide for the child’s developmental, psychological, emotional, and cultural needs);
The benefit of the child having a relationship with their parents, and other people of significance (e.g., grandparents and siblings); and
Anything that is relevant to the circumstances of the child (including but not limited to if the Court is making orders about an Aboriginal and/or Torres Strait Islander child, the Court will also consider how parenting arrangements will assist the child in experiencing aspects of their culture).
Decision about long-term issues?
Unless varied by Court orders, parents will retain parental responsibility for their child/children
However, from 6 May 2024, the presumption of equal shared decision-making responsibility will no longer be applied, except in final hearings that have already commenced.
Courts can make Orders about how parents should decide major long-term issues for their child. These included but are not limited to, healthcare, religion, and education.
The Court can order that decisions are made jointly by the parents or that one parent has sole responsibility for some or all of these decisions. The Court will always make these orders based on what is in the best interests of the child.
If the Court makes an order for joint decision making, you will be required to make a genuine effort to consult with your co-parent to come to a joint decision. However, if the parents have jointly agreed on parenting arrangements, you can formalise this agreement via either a parenting plan or by applying to court for Consent Orders.
The new amendments encourage parents to consult with each other for major long-term issues in relation to the child and make decisions in the child’s best interests.
Time spent with the Children
Even though it has never been the case under the Family Law Act 1975 that parents often believe that they are entitled to spend equal time with their child/children. The court is no longer required to start from the presumption that equal time with each parent should be ordered as it once was. Each case is to be decided on the merits of what appears to be the best interests of the child.
The effect the new laws have on the existing parenting orders.
Existing parenting Orders will not be affected by new legislative changes
Applying to the Court to change existing parenting orders
The court will not reconsider the final parenting order unless:
the court has considered whether there has been a significant change of circumstances since the final parenting order was made, and
the court is satisfied that it is in the best interests of the child for the final parenting order to be reconsidered.
For any of your family law enquiries please call our office to arrange an appointment with one of our experienced Family Law Team members .