May 2024 – Ashley Lovelock
On 19 October 2023, the parliament passed the Family Law Amendment Act 2023 (Cth) intended to make Australia’s family law system simpler, safe and more accessible
There are a number of amendments coming into effect that will way change the approach by the Family Court in relation to parenting disputes.
These changes come into effect on 6 May 2024 and our 3 part article explains the primary changes and how they may impact your parenting matter.
The new amendments are an attempt to simplify the law for parenting matters. The changes will apply to all new and existing matters from 6 May 2024, except in circumstances where a final hearing has commenced.
REMOVING THE PRESUMPTION OF EQUAL SHARED PARENTAL RESPONSIBILITY | Part 1
What is Parental Responsibility?
Parental Responsibility is the responsibility parents have to make long-term decisions about the welfare and development of a child, such as decisions regarding their school, health and religious upbringing.
Under the current law, parents are presumed to have ‘equal shared parental responsibility’. This concept has often been confused with ‘equal shared care’. However when the Court makes an orders for equal shared parental responsibility it only has to consider making an order for shared time between parents, and only if it is reasonably practicable and in the best interests of a child to do so.
What is changing?
Parents are encouraged to consult each other about major long-term issues in relation to a child, and in doing so are to have regard to the best interests of the child as the paramount consideration.
The new laws provide that if a parenting order provides for joint decision making in relation to all or specific major long-term issues in relation to the child, the order is taken to require that each of the parties:
(a) Consult each other in relation to each such decision; and
(b) Make a genuine effort to come to a joint decision
It also provides that if a child is spending time with a parent under a parenting order, the order is taken not to require the parent to consult the other parent who has parental responsibility or shares parental responsibility about decisions that are not major long term issues.
It is intended that these changes will reduce the tension and conflict between parents, on what they can and cannot do when the child is in their care for example what the child eats or wears as these are not long term issues.
The way to think of the changes now is that court considers the matter “on a clean piece of paper”. However, the focus is and will always remain, what is in the best interest of a child.
If you have any questions about the new changes and how they apply to you, contact Les Stubbs and Ashley Lovelock in our family law team.