Posted on June 05, 2024
Kathy Nguyen
The Family Law Amendment Act 2023 (Cth) (the Amended Act) came into effect as of Monday 6 May 2024.
The Amended Act relates to parenting matters and it will apply to all new and existing parenting proceedings.
What are the changes?
The Amended Act repeals the presumption of equal shared parental responsibility and ensures that the best interests of the child is the paramount consideration of the Court in making a parenting decision.
Due to the removal of the presumption of equal shared parental responsibility, parents are encouraged to consult each other for any major long-term issues for the children, if it is safe to do so.
Section 60CC outlines that the court must consider the child’s best interests in determining the parenting arrangement which includes:
- Parenting arrangements that would promote the safety of the child and the person who has care of the child;
- Any views expressed by the child;
- The development, psychological, emotional and cultural needs of the child;
- The capacity of each person who has is proposed to have parental responsibility for the child to provide foe the child’s developmental, psychological, emotional and cultural needs;
- The benefit to the child of being able to have a relationship with the child’s parents, and other people who are significant tot eh child, where it is safe to do so;
- Anything else that is relevant to the particular circumstances of the child.
The Amended Act further provides that the Court must include any history of family violence, abuse or neglect involving the child or a person caring for the child, and any family violence orders that applies to, or has applied to the child or a member of the child’s family in their consideration of parenting arrangements.
Does this concern me?
If you have separated and have a parenting plan or order, or are in the process of discussing and finalising parenting arrangements, the amended legislation will apply moving forward. We are able to review any arrangement or proposed arrangement to ensure it is in your children’s best interests.
Furthermore, if you have an informal parenting plan, we can assist you to consider whether this should be formalised by consent orders. Consent orders can provide more certainty to all parties and the children and, the arrangement is legally enforceable by the Court and can result in serious penalties if breached.
The team at Scanlan Carroll can assist you with your family law parenting matters no matter what stage you may be at. We can assist you with liaising with your former partner to come to an agreement for parenting arrangements or to make an application to the Court for consent orders. If you are unable to come to an agreement, we can also facilitate mediation prior to issuing any court proceedings.
Should you have any questions in relation to your family law matter, please reach out to our team on (03) 9853 0311 or via email on our contact page.
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