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May 2024 Edition
Some sections of the Family Law Act 1975 that deal with parenting matters have recently changed. These modifications will affect parenting cases that are currently ongoing in the Federal Circuit and Family Court of Australia and will also apply to all new applications related to parenting filed in the court after 6 May 2024.
Summary of Important Changes:
Removed Presumption of Equal Shared Responsibility
The court no longer starts their decision making with the presumption that both parents should have equal responsibility on decisions concerning the long-term interest of their child/children such as education, religion, and medical treatment. Rather, the best interests of the child are determined first according to a condensed set of factors. The court will then determine how parental responsibility will be allocated and the amount of time each parent is entitled with their child.
New ‘Best Interest’ Factors
The Court must consider the following factors when determining what is in the child’s/children’s best interests:
For more information, see:
Family Law Amendment Act 2023: Factsheet for parents
Disclaimer: This article is for general understanding and should not be used as a substitute for professional legal advice. Any reliance on the information is strictly at the user's risk, and there is no intention to create a lawyer-client relationship from this general communication.