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mendments to the Family Law Act and ancillary legislation in relation to parenting matters, child support and additional powers granted to The Federal Circuit and Family Court were passed by federal parliament on 19 October 2023, to commence on 6 May 2024.

The amendments simplify the “best interests of the child” factors considered by the court in parenting proceedings, removing the presumption of equal shared parental responsibility as well as the provision for equal time and substantial and significant time to be spent with children upon separation. The amendments also legislate and clarify the circumstances in which a court can vary an existing parenting order. The new provisions in the Family Law Act are now focused on children’s safety concerns.

There has been a redrafting of provisions under the Family Law Act relating to compliance with, and enforcement of, parenting orders. There are also amended definitions of “family” to be more inclusive of Aboriginal and Torres Strait Islander culture and traditions.

The court’s appointment of Independent Children’s Lawyers has been extended to matters brought under the Hague Convention for children taken overseas. Independent Children’s Lawyers are required to meet with children the subject of parenting proceedings and give children an opportunity to express a view.

Separating couples considering parenting arrangements for their children are urged to familiarise themselves with the new amendments to the Family Law Act.

Cecilia Castle is an Accredited Specialist in Family Law, and principal of Castle Lawyers at Asquith. CastleLawyers.com.au