May 2024 – Ashley Lovelock
Family Law Amendments Taking Effect On 6 May 2024 In Relation To Parenting Matters
A New Definition of what is in the best interests of a child | Part 2
When considering any parenting matters, the primary consideration under the Act is what is in a child’s “best interest”. In making a determination, a number of factors are described as considerations for the Court to take into account.
What are the current factors?
The primary considerations are:
1. The benefit of a child to have a meaningful relationship with both parents; and
2. The need to protect a child from harm
The Court is to give greater weight to the need to protect the child from harm.
Under the current laws, there is a list of 13 additional factors which the Court is to have regard to, such as the views of the child, the nature of the relationship, cultural matters along with a catch all provision “any other factor the Court considers relevant”.
What is changing?
A new laws remove the primary consideration and the additional considerations listed above.
There are now 6 considerations which focus on promoting the child’s welfare and development.
The considerations are:
(1) what arrangements would promote the safety (including safety from being subjected to, or exposed to, family violence, abuse, neglect, or other harm) of:
(i) the child; and
(ii) each person who has care of the child (whether or not a person has parental responsibility for the child);
(2) any views expressed by the child;
(3) the developmental, psychological, emotional and cultural needs of the child;
(4) the capacity of each person who has or is proposed to have parental responsibility for the child to provide for the child’s developmental, psychological, emotional and cultural needs;
(5) the benefit to the child of being able to have a relationship with the child’s parents, and other people who are significant to the child, where it is safe to do so;
(6) anything else that is relevant to the particular circumstances of the child.
The Court is not required to give more weight to one factor over the other.
The purpose of this change is to simplify the considerations.
If you have any questions about these new considerations and changes and how they apply to you, contact Les Stubbs and Ashley Lovelock in our family law team.