Changes to Family Law ACT - May 2024 - Tonkin Drysdale Partners

On the 6 May 2024, new laws commenced about parenting proceedings and how the Courts will make parenting orders in the best interests of a child.

These changes will apply to all new and existing parenting proceedings, except where the final hearing has already begun.

At Tonkin Drysdale Partners, we are committed to keeping our clients informed about legal developments that may impact their lives. Here’s a breakdown of the key changes and what they mean for you.

Key Changes to the Family Law Act

Best interests simplificationA simplification of the factors a Court takes into account when determining what arrangements are in a child’s best interests, and ensuring child safety remains at the forefront of Judges.
Abolishing presumption of Equal Shared Parenting Responsibility and mandatory consideration of equal time and shared careThere is no longer any presumption that parents should consult and make joint decisions about major, long term decisions. Instead, the Court will consider whether joint or sole decision making is in each child’s best interests.The Court will no longer be bound to consider equal time or substantial and significant time. Instead, Judges are to assess live with and time spends with orders by reference to the best interest factors, without any specific direction to consider those particular arrangements.

Implications

If your case is currently underway, it’s important to understand how these changes might affect your proceedings. The courts will apply the new provisions to ongoing cases, which could influence interim orders, property settlements, and the prioritisation of child safety.

For those just beginning their legal journey, the emphasis on child safety and streamlined processes aim to ensure children and caregivers are not at risk and reduce the stress and complexity often associated with family law disputes.

Navigating family law can be challenging, especially with recent legislative changes. Our experienced Family Law team led by Lee Pawlak is here to guide you through these complexities. We offer comprehensive legal support tailored to your unique situation, ensuring you are well-informed and prepared at every stage.