What changes have been made to Australia’s family law system?

The Family Law Amendment Bill 2023 makes some of the most significant reforms Family Law Act 1975 in decades. The new laws:

• require parenting decisions to be based solely on what is in the best interests of the child
• remove notions that parents must have equal responsibility for their children
• require Independent Children’s Lawyers to meet directly with children they represent
• give greater powers to protect parents and children from harmful effects of protracted and adversarial litigation
• define ‘member of the family’ in a way that is inclusive of Aboriginal and Torres Strait Islander concepts of family and kinship
• simplify compliance and enforcement provisions for child-related orders
• give powers to enable government to regulate family report writers.

Why have the changes been made?

The reforms are about ensuring family law remains centred on the best interests of the child. They incorporate many of the 60 recommendations the Law Reform Commission proposed in 2019.

When will the changes come into effect?

The changes largely come into effect from 6 May 2024. They are not retrospective. They apply to parenting orders and court decisions made from this date.

How does the court work out what is in the best interests of children whose parents are separating or divorcing?

The court considers six non-hierarchal general considerations and two specific considerations for Aboriginal and Torres Strait Islander children.

The new considerations replace the long and complicated list of two primary considerations and 17 additional considerations.

Will parents still be given equal responsibility for parenting decisions and equal time with my children?

Not necessarily.

The presumption that it is in children’s best interests for their parents to have equal responsibility has been scrapped. The court can now be more open to arrangements such as one parent having sole responsibility for all parenting or for certain issues.

Contrary to popular belief, there has never been an entitlement for a parent to spend equal time with their child under Australian law. These reforms mean this is still the case.

Has the way I apply for parenting, financial or property orders changed?

No.

Can I still challenge or change a parenting order?

Yes, but the reforms codify a landmark judgment – Rice & Asplund – to make it harder for a parent to make continued or vexatious challenges to parenting orders to minimise children’s exposure to further family law proceedings.

The court will only entertain a new application for parenting orders where there has been a significant change in circumstances since the final orders were agreed, it is in the best interests of the child, or all parents want to vary the orders.

Who are Independent Childrens Lawyers and when do they get involved?

Independent Children Lawyers represent children in complex cases including where:

• there is a high level of parent conflict
• there are allegations of abuse, neglect or family violence
• a parent or child has serious mental health issues.

The new laws require these lawyers to meet with the children they are representing.

Are there specific changes affecting Aboriginal and Torres Strait Islander Australians?

Yes.

There are now specific considerations the court must consider when working out what is in the best interests of Indigenous children.

A ‘member of the family’ is now defined in a way that is inclusive of Aboriginal and Torres Strait Islander concepts of family and kinship.

More information on these changes and navigating the family law system

Our experienced and caring family lawyers can provide you with more information on the changes to the family law system. They can also give you advice and represent you if you are separating or divorcing.

Family law matters can be extremely stressful, confusing and overwhelming. It is important to get things right from the outset so you can start to put your life back together, understand your options and see a clear path ahead.

To confidentially discuss your needs, contact us on 1800 874 949 or fill in the form below and we will be in touch.