Will the changes to the Family Law Act affect your Family Law matter?
Many people find it difficult to understand the difference between time parents spend with the children and parental responsibility. The presumption of shared parental responsibility in the current family law regime caused confusion and conflict between many parents. Separated parents often hold a belief that they have a “right” to equal time. This has led to conflict between parents when entering negotiations or litigation. More importantly, this interpretation has diverted attention from what arrangements serve the child’s best interest.
A lack of co operation and ability to share the parental responsibility creates difficult situations for example when parents don’t agree about which school a child should attend or are at odds about important medical procedure for the child. Difficult situations arise when parents are in this level of conflict and it can be hard to move forward.
The new changes to the Family Law Act 19(‘FLA’) will change the status quo.
The key changes coming into effect from the 6th of May 2024:
Separated parents will only be required to make a genuine effort to consult each other about major long-term issues
There will be an opportunity for your child to express their views with an Independent Childrens Lawyer [ICL]
The changes promise quicker, less expensive, and efficient resolution of the disputes between conflicted parents
Stability in Final Parenting Orders
Parental Responsibility
The new regime provides that there is no longer a presumption of equal shared parental responsibility, meaning that each parent has an 'equal shared parental responsibility'.
Instead, parents are encouraged to consult each other about issues involving the child’s long-term care, welfare and development with the child’s best interests as the paramount consideration, unless it is unsafe to do so.
Independent Children's Lawyer
The new regime will create a duty for Independent Children’s Lawyers to meet with the children and give them the opportunity to express their views. This obligation will not apply to children under the age of 5 or if the child does not want to meet or in exceptional circumstances including the risk of exposure to physical and psychological harm to the child.
Overarching Purpose
The new regime will introduce an overarching purpose of facilitating the just resolution of disputes as quickly, inexpensively, and efficiently as possible to minimise the harm to children and families. Lawyers will also have a duty to assist the parties in complying with this duty. In awarding costs, the Court must consider any failure to comply with the duty and may order lawyers to bear costs personally if there is a failure to comply.
Reconsideration of Final Parenting Orders – Court’s Role
Under the new regime, if there is a final parenting order in force, the court must not reconsider unless there has been a significant change of circumstances since the order was made or if it is in the best interest of the child for the order to be reconsidered. This is to ensure stability and certainty for the family members involved in the proceedings. However, the Court may reconsider if there is consent from both parents.
If you are experiencing or contemplating separation at Voice Lawyers we suggest you get advice early, every family and their situation is different and tailored advice is important please contract us by booking an early strategy session through our website; or if you would like a second opinion come and speak with us contact us call 02 9261 1954
By Kayte Lewis
