Recent Amendments to the Family Law Act 1975 (Cth)

The Family Law Act 1975 (Cth) has recently been amended to change the way in which parenting matters will be dealt with in Australia.

The Family Law Amendment Act 2023 (Cth) and the Family Law Amendment (Information Sharing) Act 2023 (Cth) were passed by the Australian Parliament on 19 October 2023 and most of the changes took effect on 6 May 2024.

In most cases, the changes will apply to all new and existing parenting proceedings, except where the final hearing has already begun. Some of the changes will apply even where a final hearing has already begun.

Amongst other things:

• There have been significant changes to the way in which the Court will determine what is in the best interests of a child and make parenting orders.

• The existing presumption of “equal shared parental responsibility” has been abolished in favour of the new concept of “joint decision-making”.

• The positive obligation on the Court to consider “equal time arrangements” and “substantial and significant time arrangements” in most parenting matters has been abolished.

• There have been changes to the role of Independent Children’s Lawyers in parenting proceedings.

Serein Family Law can help clients to traverse these amendments and advise in parenting matters generally.

Please contact our office on (03) 9595 6017 if you would like to meet with one of our experienced lawyers to discuss your parenting matters.