What’s Changing in the Family Law Act in 2024?

The Family Law Amendment Act 2023 and Family Law Amendment (Information Sharing) Act 2023 were passed by the Australian Parliament on 19 October 2023.

Most of the changes to the Family Law Act will commence on 6 May 2024. 

What Is Changing?

Family Law Amendment Act 2023

The changes relate to parenting matters and will not affect financial proceedings.

The Family Law Amendment Act 2023 sets out new laws including about:

• how separated parents are required to make decisions about long-term issues affecting children.
• what matters Court must consider when making orders about the child’s best interests, and

The changes may affect people who:

• have a current parenting matter before the Courts
• are trying to determine the right parenting arrangement for their child/ren.

The new laws will make changes to the law about parenting arrangements, including:

• Introducing a shorter list of factors for the Courts to consider when deciding whether best interests of the child/children and making of parenting orders
• Adding new provisions regarding decision-making for significant long-term issues
• Eliminating the presumption of equal shared responsibility, in circumstances where there has never been a mandate for children to spend equal time with each parent.

There are a number of other significant changes, including:

• a requirement for Independent Children’s Lawyers to meet directly with children if they are over 5 years old, unless the child does not wish to meet with the Independent Children’s Lawyer or there are other exceptional circumstances;
• expanding the definitions of ‘relative’ and ‘member of the family’ to include Aboriginal and Torres Strait Islander kinship and family structures.
• new powers for the Courts to prevent harmful litigation, including the power to make harmful proceedings orders.
• Expanding the court’s powers to obtain information from information sharing authorities including police and child protection authorities

When Do These Changes Commence?

In most cases, the new changes commence on Monday 6 May 2024. These changes will apply to all new and existing parenting proceedings, except where the final hearing has already begun. Some of the changes will apply even where a final hearing has already begun.

To read the Act Click here Federal Register of Legislation - Family Law Amendment Act 2023