The Family Law Amendment Act 2023 Explained

The Family Law Amendment Act 2023 (the “Act”) came into effect on 6 May 2024. The Act introduces significant changes to Australia’s Family Law Act 1975 and it applies to all new and existing matters, except where a final hearing has already commenced.

Overview of The Family Law Amendment Act 2023

The Family Law Amendment Act 2023 aims to streamline the family law system, prioritise the best interests of children, and ensure that the legal framework is more inclusive and protective of all parties involved. The Act also focuses on refining the legal framework for parenting. To learn more about these changes, keep reading below.

1. Parenting Framework to Ensure a Child’s Best Interests are Met

The Act refines the list of factors courts must consider when determining the best interests of a child. It removes the presumption of equal shared parental responsibility and associated time provisions. [3][5]

New factors include:

• Safety of the child and caregivers
• Child’s expressed views
• Developmental, psychological, emotional, and cultural needs of the child [5]

2. Children are Given the Opportunity to Express Their Views

Independent Children’s Lawyers (“ICLs”) are now required to meet with children and allow them to express their views. The Act also increases judicial discretion to appoint ICLs in matters under the Hague Convention on International Child Abduction. [4][5]

3. Simplified Enforcement and Compliance Provisions

The Act simplifies compliance and enforcement provisions for child-related orders. It also provides courts with greater powers to protect parties and children from the harmful effects of protracted litigation. [2][4]

4. More Inclusive Definition for Member of the Family

The definition of ‘member of the family’ has been amended to be more inclusive of Aboriginal and Torres Strait Islander concepts of family and kinship. [3][4]

5. Clarified Communication Restrictions

The Act aims to protect privacy by clarifying restrictions on the public communication of identifiable information arising from family law proceedings. [2][5]

6. Government is Allowed to Regulate Family Report Writers

The Act allows the government to regulate standards and requirements for family report writers. This is similar to those for family dispute resolution practitioners. [5]

7. New Harmful Proceedings Orders

New provisions enhance case management and procedural aspects. There is a new ‘harmful proceedings orders’ to prevent misuse of the legal system. Harmful proceedings are those that could potentially cause damage to another party or a child involved in the case. Examples of harm include severe stress brought on by repeated application filings against the respondent. [2][3]

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