The most recent updates to the Family Law Act in Australia were enacted through the Family Law Amendment Act 2023 and the Family Law Amendment (Information Sharing) Act 2023.
These changes, which come into effect on May 6, 2024, represent significant reforms aimed at simplifying the family law system, enhancing child safety, and improving information sharing between relevant agencies.
Key updates include the removal of the presumption of equal shared parental responsibility, which has often led to misunderstandings about parents’ rights. Now, all decisions about parenting arrangements will be made based solely on the best interests of the child, emphasizing safety over shared parenting time. Additionally, there is a new, simplified list of considerations for determining the best interests of the child, making it easier for courts to focus on what will best ensure a child’s welfare and safety.
The changes also implement a robust framework for information sharing between the courts, child protection agencies, and police, which will help better identify and manage risks of family violence, child abuse, or neglect during proceedings. Independent Children’s Lawyers (ICLs) are now required to meet with children to understand their views, unless certain exceptions apply.
These reforms aim to make family law proceedings more accessible and protective, particularly for children, while reducing the risk of harmful or coercive arrangements. The full effect of these reforms is expected to transform how family disputes are managed across Australia, including Victoria, by making the legal processes clearer and more focused on family safety and well-being.
