Family Law Act Amendments

A press release from Mark Dreyfus on the 29th November 2024 confirmed that the 3rd Family Law Amendment Bill passed through parliament.

You can find a copy of the press release here – More reform delivers a simpler, safer and fairer family law system | Our ministers – Attorney-General’s portfolio

You can find out more about the Family Law Amendment Bill 2024 here – Family Law Amendment Bill 2024 – Parliament of Australia

 

Family Law Amendment Bill 2024

The Family Law Amendment Bill 2024 improves the way that domestic and family violence is considered in property settlements for separating families. 

The new law:

  • ensures the economic impact of family violence is considered where relevant as part of dividing property and finances
  • ensures the care and housing needs of children are considered in financial and property decisions
  • ensures financial information is disclosed at the earliest opportunity to promote the early resolution of disputes
  • expands the court’s ability to use less adversarial approaches in all types of proceedings
  • establishes a regulatory framework for Children’s Contact Services to ensure the provision of safe and child-focussed services for children whose families are unable to safely manage contact arrangements on their own
  • courts will consider a range of factors, including family violence, when determining ownership of pets to better protect everyone in the family.
  •  The Bill was passed on the 29th November 2024. 

The Family Law Amendment (Information Sharing) Bill 2023 was introduced to enhance the sharing of information between the family law, family violence, and child protection systems in Australia. This Bill aims to improve the safety and well-being of children involved in family law proceedings by ensuring that relevant information about family violence, child abuse, and neglect is shared more effectively.

Passed by both houses on the 19th October 2023. The Family Law Amendment (Information Sharing) Act 2023 https://www.legislation.gov.au/C2023A00088/asmade 

Family Law Amendment Bill 2023

Passed by the Australian Parliament 19th October 2023. 

The Family Law Amendment Act 2023 came into effect on the 6th May 2024. https://www.legislation.gov.au/C2023A00087/asmade

The Family Law Amendment Bill 2023 was designed to improve the focus on the best interests of children and make the Family Law system easier to navigate.

Significant Changes:

– The repeal of the presumption of “equal shared parental responsibility” provisions in the Family Law Act 1975 so that decisions are based only on the best interests of the child.

  • – Requiring that Independent Children’s Lawyers meet directly with children in most cases.

  • – Greater protections from the harmful effects of protracted, adversarial litigation.

  • – The definition of member of the family to be inclusive of Aboriginal and Torres Strait Islander concepts of family and kinship,

  • – Simplified compliance and enforcement provisions in child-related orders,

  • – Powers to regulate family report writers,

  • – Ensuring that children’s voices are heard more easily in matters under Hague Convention Child Abduction cases
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