19 July 2024
Seeking Parenting Orders? Changes to the Family Law Act
On 6 May 2024, a raft of new changes to the Family Law Act 1975 (Cth) (“the Act”) were introduced as a consequence of the Family Law Amendment Act 2023 (Cth) (“the Amendment Act”).
The amendments are designed to:
- Make it simpler and safer for separating families to navigate;
- Ensure that the best interests of children remain paramount; and
- Address the recommendations from the Australian Law Reform Commission’s “Final Report No. 135: Family Law for the Future – An Inquiry into the Family Law System”
The amendments provide for significant changes to the objects of the Act which are:
- To ensure that the best interests of the children are met, by ensuring their safety; and
- To give effect to the Convention on the Rights of the Child.
The amendments provide for changes to how a Court determines what is in a child’s best interests. As opposed to primary and additional considerations in the previous legislation, there are now six general considerations.
In summary, the Court must consider the following:
- What arrangements would promote the safety of the child and each person who has the care of the child;
2. Any views expressed by the child;
3. The developmental, psychological, emotional and cultural needs of the child;
4. The capacity of each person who has or is proposed to have parental responsibility for the child to provide for the child’s needs;
5. The benefit to the child of being able to have a relationship with the child’s parents, and other people who are significant to the child where it is safe to do so; and
6. Anything else that is relevant to the particular circumstances of the child.
In taking into account the abovementioned general considerations, the court must include consideration of:
1. Any history of family violence, abuse or neglect involving the child or a person caring for the child; and
2. Any family violence order that applies or has applied to the child or a member of the child’s family.
How Can Andersons Help?
If you have separated from your partner and seeking parenting orders, our team of family lawyers can provide you with advice and assistance. Please contact us here.