At its core, family law is centred around the best interests of the child. In May 2024, the Courts introduced significant changes to the Family Law Amendment Act 2023 to better serve these interests. So, what do these changes mean, and how will they impact parenting orders? Let’s dive in.
What’s changing in the Family Law Act?
The main reasons for these updates are to simplify the law and to better serve the best interests of children. By focusing on fewer, more relevant factors and removing outdated presumptions, the law is clearer and more effective.
Here’s a look at the key changes:
Removing the presumption of equal shared responsibility and time
This is one of the most significant changes.
Under the previous law, many believed parents are entitled to equal time with their children. This was never the case under Australian Law, and the recent reforms ensure that there’s less confusion about time entitlements.
The correction allows the child’s needs to become the priority over the parents’ desires and any subjective definitions of equal time.
Shorter list of factors for parenting arrangements
When deciding on parenting arrangements, the court will now focus on a shorter, more specific list of factors to figure out what’s best for the child.
Here’s what they’ll be looking at:
- The safety of the child and people who care for the child (including any history of family violence and family violence orders).
- The child’s views.
- The developmental, psychological, emotional and cultural needs of the child.
- The capacity of each person who will be responsible for the child to provide for the child’s developmental, psychological, emotional and cultural needs.
- The benefit to the child of having a relationship with their parents, and other people who are significant to them (e.g. grandparents and siblings).
- Anything else that is relevant to the particular circumstances of the child.
Enforcing child-related orders
There are now clearer consequences for not following child-related orders. If either parent doesn’t comply with the court order given, the outcome is now clearly defined for that parent.
Making Up for Lost Time
If one parent’s actions cause the other parent to lose time with their child, it’s now easier to arrange “catch-up time.”
More inclusive definitions of family
The Family Law Amendment Act 2023 includes broader definitions of family and relatives to reflect Aboriginal and Torres Strait Islander concepts of family and relatives.
Listening to children
Independent children’s lawyers will now be required to meet with children aged 5 and above to hear their views and allow them to have a voice in the legal process.
Will the Family Law Amendment Act 2023 updates affect existing parenting orders?
These changes shouldn’t affect any final orders that are already in place and the updates themselves aren’t a reason enough to reopen a case. However, if you think your final order needs to be reviewed, it’s a good idea to get legal advice to see if that’s possible.
What parents need to know about the Family Law Amendment Act 2023
The updates to the Family Law Act aim to make things simpler and more focused on what’s best for children. If you have questions or need legal advice on how these updates might affect you, reach out to Lander Solicitors Queensland. We’re here to help you navigate these changes with confidence and clarity.
DISCLAIMER – The information provided in this blog is general and does not consider your individual legal needs or objectives. It does not constitute personal advice and is for informational purposes only. We recommend seeking out professional and independent legal advice from a qualified Australian lawyer to advise on your individual situation before acting on any information contained below. Lander Solicitors Queensland accepts no express or implied liability for negligence or contractually for reliance on any information provided. Liability limited by a scheme approved under Professional Standards Legislation.