Changes to the Family Law Act

Changes to the Family Law Act

On 19 October 2023, the Commonwealth Government has passed two Family Law Bills that will change the way Parenting matters are dealt with by the Family Law Courts.

The major changes to be brought in by the Family Law Amendment Bill include:

• The parenting order framework for making parenting Orders has been refined and contained to a smaller list of ‘best interests’ factors;
• The presumption of equal shared parental responsibility and related equal time have been removed and the Court can still make orders for parental responsibility however the presumption for equal shared parenting responsibility has been removed;
• Independent Children’s Lawyers are required to meet directly with children as whilst recommended this was not required and was at the discretion of the Independent Children’s Lawyer;
• The Court will have greater powers to protect parties and children from harmful effects of protracted and adversarial litigation
• Changes to the Act to provide a definition of ‘member of the family’ in the Family Law Act that is inclusive of Aboriginal and Torres Strait Islander concepts of family and kinship
• More simplified compliance and enforcement provisions for child-related orders
• Powers to enable government to regulate family report writers,
• The Act codifying the Rule of Rice and Asplund; and
• ensuring that children’s voices are heard more easily in matters under the Hague Convention on the Civil Aspects of International Child Abduction.

The Parliament also passed the  Family Law (Information Sharing) Bill 2023  The Bill: establishes two new information sharing orders to allow courts to directly and quickly seek information from Police, Child protection and Firearms agencies about Family violence, child abuse and neglect that could place children at risk.  There was a previous ability for the Courts to obtain information, through the Family Law Act, under a section 69ZW Order, however the compliance with the requests was often slow, whereas the new bill intends to be quicker and faster.

The Bill also allows a court to make these orders at any point during proceedings so information is accurate and up-to-date, and will ensure sensitive information is only disclosed in a safe and appropriate manner.  This is a very much needed approach to assist Judicial Officers making Parenting Orders for matters with families experiencing Family Violence. 

Both of the Bills have yet to receive Royal Assent and we are not yet certain as to the commencement date.  The changes are very much welcomed, at dealing with these very important issues.

The second round of proposed amendments to the Family Law Act

There have been many major inquiries in relation to the review of the Family Law system since 2019. In response to the inquiries, the Family Law Amendment Bill 2023 (the first Bill) was introduced into parliament on 29 March 2023 and its focussed has been on important children and parenting related reforms. The Bill was passed by the House of Representatives on 11 May 2023 and has been passed to a Senate Committee for Review.

In addition to the first Bill, the government has prepared an exposure draft Family Law Amendment Bill (No 2) 2023 and it contains a second tranche of reforms focussing on improving and enhancing other areas of family law.

The Attorney General’s Department is inviting submissions in relation to the proposed changes to the Second Bill.  The Department intends to analyse submissions and to receive advice from the government by late 2023, with a view for the bill to be introduced by Autumn 2024 (at the earliest). If the Bill is passed, it is intended for the Bill to be passed about mid- to late 2024 and for the Bill to come into effect within six months of it being passed.

By summary, the proposed changes are as follows:

1. Changes to the Property Matters to make it more simple and less complex, to include reference to family violence;
2. To implementing Less Adversarial Trial in Financial Matters;
3. Codifying the Disclosure Rules;
4. Simplifying the Family Law Arbitration framework;
5. Providing a regulatory framework for Children’s Contact Services;
6. Extending the court’s management and procedure powers;
7. Clearer operation of Commonwealth Information Orders;
8. A clear framework for costs orders in family law matters;
9. Clarifying when information in family counselling, dispute resolution and parenting programs can be shared in court proceedings;
10. Excluding evidence of protected confidences to protect sensitive information.

You are able to find out more information, by obtaining copies of the Draft Bill and facts sheet and public webinar, through the following link.

https://consultations.ag.gov.au/families-and-marriage/exposure-draft-family-law-amendment-bill-no-2/

For greater detail to the proposed amendments please click here to be taken to an extended version of the article.  

Article written by Nicole Quirk
Photo by Chris Lawton on Unsplash