The Family Law Amendment Act 2023 introduces significant updates to family law in Australia, aiming to modernize the system and enhance its focus on child safety, cultural recognition, and fairness. Here’s an overview of the most important changes and how they might affect you.
1. Equal Shared Parental Responsibility and Substantial and Significant Time
The presumption of equal shared parental responsibility has been removed. Previously, this presumption required courts to consider equal or substantial time-sharing arrangements for parents, which often led to confusion. The focus now shifts solely to arrangements that prioritize the child’s best interests.
2. Updates for Aboriginal and Torres Strait Islander (ASTI) Children
The amendments expand the definitions of ‘relative’ and ‘member of the family’ to align with Aboriginal and Torres Strait Islander concepts of family, reflecting their cultural and kinship systems.
Additionally, courts must now consider a standalone ‘best interests’ factor for ASTI children. This includes:
- Recognizing the child’s right to enjoy their culture.
- Evaluating the support they’ll receive to connect with that culture.
3. Independent Children’s Lawyers (ICLs)
New requirements ensure that Independent Children’s Lawyers meet directly with children over 5 years old, unless exceptional circumstances apply. These exceptions include risks of psychological or physical harm or significant adverse effects on the child’s well-being.
4. Joint Decision-Making for Long-Term Issues
While the presumption of equal shared parental responsibility has been removed, joint decision-making for major long-term issues remains. Under section 61DAA, parties must consult each other and make genuine efforts to reach a joint decision on issues like education, health, and religion.
5. Enhanced Focus on the Best Interests of the Child
Courts must now consider several key factors when determining arrangements, including:
- Promoting the child’s safety from harm, including family violence and neglect.
- The child’s expressed views.
- Developmental, psychological, emotional, and cultural needs.
- Each parent’s capacity to meet these needs.
- The benefit of the child having a safe relationship with parents and significant others.
6. Changes to Advisors’ Obligations
Under the amended section 60CC, advisors must:
- Emphasize that the child’s best interests are paramount.
- Encourage clients to align their decisions with the best interest factors outlined in subsections 60CC(2) and (3).
7. Reconsidering Final Parenting Orders
The new section 65DAAA restricts courts from reconsidering final parenting orders unless:
- There has been a significant change in circumstances, and
- Reconsideration is in the best interests of the child.
8. Division 13A Redraft: Non-Compliance with Parenting Orders
Changes to Division 13A clarify consequences for non-compliance with parenting orders, including:
- Removing specific cost order provisions (cost orders now fall under section 117).
- Eliminating the court’s power to issue community service orders for non-compliance.
- Allowing courts to:
- Order additional time with a parent.
- Vary existing parenting orders.
- Require attendance at parenting programs.
9. Delegating New Powers to Registrars
Registrars now have the power to issue ‘make-up’ time or compensatory time orders, allowing children to spend additional time with a parent when prior parenting orders haven’t been followed.
10. Case Management and Procedure Updates
Schedule 5 introduces new measures to streamline case management:
- Harmful Proceedings Orders: Prevent vexatious litigants from filing new applications without court approval. Harm includes psychological harm, financial damage, and behaviours that impair the other party’s ability to care for a child.
- Broadening the overarching purpose of family law practice and procedure, applying it to all Family Law Act proceedings.
Why These Changes Matter
The Family Law Amendment Act 2023 emphasizes child safety, cultural recognition, and procedural fairness. By removing outdated presumptions and refining court processes, the changes aim to create a more effective and inclusive system for families.
Need Help Navigating the Changes?
Understanding how these amendments may impact your family law case can be challenging. At Coastal Lawyers, we specialize in family law and are here to guide you through these reforms.
Contact us today to discuss your case and take the next steps with confidence.ity to care for a child, or financial harm.
Written by Coastal Lawyers- Central Coast Family Lawyers
Coastal Lawyers are family lawyers based in Erina, on the Central Coast.
Coastal Lawyers assist family law clients in parenting, property, mediation, dispute resolution, and litigation. We offer the legal advice you expect from a lawyer, along with the emotional support you might not expect.
We are passionate about assisting our clients achieve amicable separations without the need for court intervention through the process of legally assisted mediation.
Our team also frequently appears at the Newcastle Federal Circuit and Family Court of Australia (Newcastle FCFCOA), the Parramatta Federal Circuit and Family Court of Australia (Parramatta FCFCOA), and the Sydney Federal Circuit and Family Court of Australia (Sydney FCFCOA) to represent our clients in more intricate family law matters. This encompasses issues related to family violence, unacceptable risk of harm to children, relocation applications, recovery orders and complex property settlements.
Coastal Lawyers offer a 1 hour Strategy Session for all new family law enquiries at a reduced hourly rate.