A Condensed Summary of Family Law Amendment Act Changes
With the commencement of the Family Law Amendment Act, 2023 in May 2024, a season of change in Australian family law is now upon us all! We have made below what we think might be the shortest possible summary of its provisions. Parents, clients, family mediation, counselling and other service providers in the family law space can use this list this as a prompt, or an index, for further research about the effect of the Family Law Amendment Act changes. You can find our more detailed Insight on the changes here.
But for now, here is our quick digest:
Children’s best interests: Simplified to one list. No more ‘primary’ and ‘additional factors’.
Indigenous families: New ‘connection to culture’ best interests factor.
Presumption of equal, shared parental responsibility: Abolished.
Information obligations of advisers: Adjusted to match the rest of the Act.
Variation of ‘final’ parenting orders: The Rice v Asplund principle, requiring ‘significant change in circumstances’, are now in the Act.
The views of the child: Must now be sought. ICLs must meet with children unless exceptions apply.
Hague Convention Cases: The rights of children (to give their views and have an ICL) are now aligned with other children under the Act.
More costs orders: For both parties and lawyers, for behaviour inconsistent with the new ‘overarching purpose’.
Vexatious litigation: New ‘harmful proceedings’ orders.
Enforcement of child-related orders: Simplified scheme.
Definitions of family: Expanded to reflect indigenous concepts of family and other developing norms.
Prohibition on publication of family details: Simplified description of what’s not OK.
Regulating family report writers: Standards and guidelines are coming!
The Family Law Amendment Act changes come into effect in the Family Courts come into effect in May 2024. If you would like to explore in more detail, access the official factsheet here.
How Tribe can help.
If you would like to discuss how the changes might affect your own circumstances, including in current litigation, please reach out for a free case evaluation.
Additionally, Tribe has a range of fixed price Legal Service Products for parenting matters, including for:
– expert advice on parenting agreements post-separation for informed decisions – LSP06 Parenting Agreements Advisory Clinic,
– customised preparation of parenting consent orders from informal agreements or plans – LSP08 Parenting Consent Orders: Documents,
– expert advice for your parenting consent order queries, guidance, and troubleshooting – LSP09 Parenting Consent Orders: Advisory Clinic,
– lawyer-assisted virtual parenting mediation with tailored support and negotiation strategies – LSP20 Lawyer-Assisted Parenting Mediation (FDR): Lawyer Supporting, and
– parenting consent order documents post-mediation- LSP22 Parenting Consent Order Documents: After a Lawyer-assisted Mediation.