Family law changes from May 2024
- Susan Kenney
- Apr 11, 2024
- 3 min read
Family law is changing. If you are separating or thinking of separating, how might this affect you?
Most separating parents make amicable arrangements for the care of their children after the relationship ends, but when parents cannot agree about these arrangements, they can apply to the Federal Circuit and Family Court of Australia (FCFCOA) for parenting orders. The law about how a court makes parenting orders has changed.
The Family Law Amendment Act 2023 sets out new laws about
what a court 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 Court considers six factors when deciding what parenting arrangements will be in the best interests of your child. They include:
the safety of the child and people who care for the child (including any history of family violence and family violence orders)
the child's views
the developmental, psychological, emotional and cultural needs of the child
the capacity of each person who will be responsible for the child to provide for the child's developmental, psychological, emotional and cultural needs
the benefit to the child of having a relationship with their parents and other people who are significant to them (eg. grandparents and siblings), and
anything else that is relevant to the particular circumstances of the child
When making orders about an Aboriginal and/or Torres Strait Islander child, the court will take into account how parenting arrangements will help that child experience their culture.
Courts will often make orders about how parents make decisions about major long-term issues, such as healthcare, education or religion. You can apply to the court to make decisions jointly or to have sole responsibility for some or all of the decisions. The court will make orders on what is in the best interests of the child. If you are asking the court to make parenting orders, it is important that you provide the court with reasons why the orders you want are in the best interest of your child.
If the court makes an order for joint decision-making on major long-term issues, you will be required to consult with your former partner and make a genuine effort to make a joint decision, unless it is unsafe to so. You don't need the court to make these decisions if you can reach agreement and formalise it with a parenting plan. You can always apply to the court for consent orders.
There is no entitlement under Australian family law for parents to spend equal time with their children. Decisions about how much time a child spends with each parent depends on the individual circumstances and best interests of that child.
If you have parenting orders and want to change them, the court will
consider whether there has been a significant change of circumstances, and
believe it's in the best interests of the child for the final parenting order to be looked at again.
Existing parenting orders stay the same, and parents should continue to follow those orders.
Most of the changes come into effect on May 6, 2024. From this date the changes will apply to all new and existing proceedings, except where the final hearing has already begun. If you have a family law matter where the final hearing has not started before May 6, these laws will apply to you.
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