Changes to Family Law Act 2024 – Australia Family Law Reforms

Attorney-General Mark Dreyfus announced two significant reforms to family law, which were passed in Parliament on October 19, 2023. The Family Law Act (1975) is also impacted by these two bills, “the Family Law Amendment Bill “and “Family Law (Information Sharing) Bill.” The aim to announce these reforms were to make the process of separation of families simple, safer, and in the children’s best interest.

Changes to Family Law Act 2024

The first impact of family law changes is removing the “presumption of equal shared parental responsibility”. The main focus of these amendments was to clarify that any agreement between parents will be based on the child’s best interest. Other changes in the Australian family law 2024 are:

• Making a simple, child-focused list of those who are in the child’s “best interest.” These considerations will help the parents streamline the decision-making process.
• Making terms and conditions for Independent Children’s Lawyers to meet with children directly and to know about their reviews.
• Including a definition of a family member that includes Aboriginal and Torres Strait Islander concepts of family and kinship.
• The simple procedure to comply with child-related orders has been introduced.
• Creating new powers for the courts to prevent dangerous, unmeritorious litigation.
• Enabling authorities to regulate family report writers properly to ensure children’s concerns are heard and resolved under the Hague Convention on the Civil Aspects of International Child Abduction.

Important: The changes in family law will be implemented in all matters related to parenting from 6 May 2024. These changes will apply to all existing and new applications other than the one in which the final hearing has already commenced.

Family Law Amendment (Information Sharing) Act 2023

The Family Law Amendment (Information Sharing) Act 2023 has established an improved strategy for sharing information regarding child abuse and family violence. It ignores the risk between information-sharing agencies and family courts. The main changes in the Family Law (Information Sharing) Act 2023:

• Introduced two new orders for information sharing for the courts to swiftly get information from firearms agencies, police, and child protection about child abuse, family violence, and ignorance that could place children at risk.
• Ensures the availability of orders at any point during proceedings so information is up-to-date and accurate throughout the case proceedings.
• Draft legal exclusions to information sharing and make information sharing safeguards for family law agencies and courts to consider when using, sharing, and storing information.
• Introduces a restriction on the matter regarding subpoenas without leave of the court to reduce duplication of information requests.

Outcomes of the Changes to Australian Family Law

The outcome of these changes to family law is quite clear. The outcomes are:

• The courts will now have quick access to better information regarding all family law matters.
• The changes to family law will make sure that the courts have access to a holistic picture of family safety risk to prioritise the safety of families’ children and, particularly, in circumstances where there is a risk of child abuse, neglect in care or family violence.
• The Government has recognised the impact family violence and safety risks can have on children and families.

Final Thoughts

The decision to take your case to court is a difficult call to make, but if you have decided to have your matter solved by law enforcement, then it is important that you first understand the law completely. You must stay up to date with the amendments made in the laws to get the results that are in your best interest. If you are proceeding with a lawsuit in family court, you must learn about the Family Law Reforms 2024.

The Australian Government has made family law simple, easy to implement, and secure for its citizens. The best way to understand these laws and get them implemented in your case is to contact a family lawyer. Aussie Legal Partners has a team of the best family lawyers in Parramatta, experts in all kinds of complex legal matters regarding parenting, child custody, parental agreements, and more. 

What are you waiting for? Book your appointment to get a free 15-minute initial consultation!