Major Changes for Parenting Matters from 6 May 2024
From May 2024, amendments came in relating to the Family Law Act. In summary, the changes in May 2024 to the Family Law Act included the removal of the presumption of shared parental responsibility, simplified the process for determining what is in the ‘child’s best interest’ and enhanced information sharing in relation to family violence and child abuse.
The Objects of the Legislation are:
- To ensure that the best interests of the child are met, including ensuring their safety; and
- To give effect to the Convention on the Rights of the Child adopted in New York on 20 November 1989.
Overview of The Family Law Amendments
The aim of the changes that came into effect on the 6 May 2024, were designed to assist the family law system to be safer and simpler for families going through the system with a priority of the best interests of the child.
For parties who otherwise have been unable to come to an agreement in relation to their parenting matters and the care of the children, there has been substantial changes.
The safety of the child is now a key term in the legislation and the importance of allowing the children to have their perspectives considered is also important. In addition, Aboriginal and Torres Strait Islander children’s kinship and cultural rights are an important consideration.
Removal of the presumption of equal shared parental responsibility
Previously the Court applied a presumption that the parents would have equal shared parental responsibility for their child. This meant they had to make decisions together in relation the long-term types of decision for their child.
These included the child’s education, major health decisions, religion and so on. The court then had to consider whether equal time was an appropriate order to make and if that was not an appropriate order, then whether significant and substantial time orders would be appropriate.
Only in a minority of cases was the presumption not applied. For those cases, a party had to override the presumption. Normally, for this to occur, there would have been significant risks to the child.
Now there is no presumption of equal shared parental responsibility. Even at a final hearing, the court does not have to make a decision about parental responsibility as there is no statutory pathway requiring it. Normally at an interim hearing, it is unusual for a decision about parental responsibility to occur unless the parties have come to this decision via consent.
Instead, the Court may now consider arrangements that are more tailored for parental responsibility. For example, it may become more common for a parent to have ‘sole parental responsibility’ for a specific issue and shared parental responsibility for other issues.
Emphasis on the courts focus on issues of family and domestic violence
The law now makes it clear that the court needs to focus on any history of family violence or a family violence order when considering the best interests of the child.
Changes to the determination of the “Child’s Best Interest”
The new version of s60CC of the Family Law Act has now removed the distinction between primary and additional considerations. Below is what the Court now has to consider in relation to the best interests of the child.
Six general considerations when determining best interests of the child
When the court is to make an order about what is the safest option for the child and his or her parents, these laws now clarify what the court has to consider in terms of the best interests of the child. The following are what the court must consider:
- Care arrangements that would promote the safety of the child and the person who has the care of the child. This includes safety from being subjected to or exposed to family violence, abuse, neglect, or another form of harm.
- Any views expressed by the child.
- The developmental, emotional, and cultural needs of the child.
- The capacity of each person (eg parent or carer) who proposes to provide for the child.
- Any benefit of the child having a relationship with their parents, and other people who are significant to the child, where safe to do so; and
- Anything else that is relevant to the particular circumstances of the child.
Considerations specific to Aboriginal or Torres Strait Islander children
The further consideration under the Family Law Act specific to Aboriginal or Torres Strait Islander children are:
- The child’s right to enjoy their Aboriginal or Torres Strait Islander culture by having the opportunity to connect with, and maintain their connection with, members of their family and with their community, culture, country and language.
- The likely impact of any proposed parenting order on the child’s right to enjoy their Aboriginal or Torres Strait Islander culture
Contact our North Brisbane firm for your family law matter
We are conveniently located in Nundah on Brisbane’s northside, please contact us to make an appointment to see one of our family law Solicitors.
For more information on this topic, you can watch our Tiktok video’s:
- Major Changes to Family Law Act as of 6 May 2024
- Independent Children’s Lawyers- major changes to Family Law Act as of 6 May 2024
- Major changes to Family Law Act explained regarding repeal of s60B- objects & replacing with new objects s60B explained
- Will current parenting orders change- Major changes to Family Law Act as of May 6 2024
- FCFCOA published changes re May 2024 changes to parenting
If you have other family law queries, please look at
Understanding the Divorce Application Process in Australia
How to Prepare for your Consultation with Brisbane Family Lawyers
Family Lawyers North Brisbane
First steps after separation – some practical considerations
If you are social media please follow us