Changes to family law can be confusing, which is why speaking to an experienced family lawyer is helpful.The law is constantly changing so it’s good to stay up-to-date. Commencement to the recent family law changes started on 6 May 2024. Here’s what you need to know.

What are the new changes to the Family Law Act?

Family Law Amendment Act 2023

The changes relate to parenting matters and will not affect financial only proceedings.

The Family Law Amendment Act 2023 sets out new laws including about:

• what the Courts must consider when determining what is in the child’s best interests, and
• how separated parents are to make decisions about long-term issues for their children.

The new laws will make changes to the law about parenting arrangements, including:

• introducing a shorter list of factors for the Courts to consider when deciding whether parenting arrangements are in the best interests of the child/children
• introducing new sections about decision making about major long-term issues
• removing the presumption of equal shared responsibility, noting there has never been a requirement for children to spend equal time with each parent.

For a more detailed description of the changes, including changes to the Family Law Amendment (Information Sharing) Act 2023, click here.

Will the new changes affect my current parenting orders?

If your parenting orders were finalised before May 2024, they will remain unchanged. However, if you wish to modify your order or re-enter the family law system for a different case, the updated laws will apply.

Are the child’s best interests considered?

Yes, the new amendments continue to place the children at the centre stage of all family law proceedings. The courts assess a child's best interests by considering several factors: the child’s happiness, health, and safety from harm or neglect; the child's expressed feelings and wishes, depending on their maturity; whether their developmental, psychological, emotional, and cultural needs are being met; maintaining healthy relationships with family members when safe; addressing any unique needs, such as medical support or personal interests; and ensuring they can enjoy their culture, particularly if they have Aboriginal or Torres Strait Islander heritage.

What about domestic violence?

A concerning number of Australians have experienced some form of domestic violence, highlighting the urgent need for stronger protections. Under the new law, the court is now required to consider any past or present history of family violence before issuing final orders. This change aims to minimise the number of individuals, particularly children, who remain in unsafe living environments. By prioritising safety, the law seeks to create more secure and stable outcomes for families affected by violence.

Will culture be recognised?

Yes, Indigenous communities will experience increased acknowledgment of their cultural values and family concepts in the decision-making process. It's important for children to remain connected to their culture, and the court is now required to consider this when making parenting arrangements.

Changes to family law can be confusing, which is why speaking to an experienced family lawyer is helpful.

Guiding you to a better future

Eliza Legal is a leading family law firm based on the Mornington Peninsula, dedicated to providing tailored legal services with compassion and integrity. Contact us today and let’s see if we’re a good fit! We’d love to help you.