The changes in the Family Law Amendment Act 2023 include new laws about what a court must consider when determining what is in the child/ren’s best interests and how separated parents are to make decisions about long-term issues for their child/ren.
The Court will consider six factors to decide what parenting arrangements will be in the best interests of the child/ren.
These factors include:
1. the safety of the child/ren and people who care for the child/ren (including any history of family violence and family violence orders).
2. the child/ren’s views.
3. the developmental, psychological, emotional and cultural needs of the child/ren.
4. the capacity of each person who will be responsible for the child/ren to provide for the child/ren’s developmental, psychological, emotional and cultural needs.
5. the benefit to the child/ren of having a relationship with their parents, and other people who are significant to them (e.g. grandparents and siblings), and
6. anything else that is relevant to the particular circumstances of the child/ren.
If parties want to change the parenting orders, the court must consider whether there has been a significant change of circumstances and whether it is in the best interests of the child/ren for the final parenting order to be looked at again. Existing parenting orders will not be automatically changed by the new law.
Most of the changes in the new law will come into effect on 6 May 2024, and these changes will apply to all new and existing proceedings, except where the final hearing has already begun.