2024 Family Law Changes

Australian family law changes because it needs to keep up with societal developments. Moreover, as the Australian government implements laws, unintended consequences, loopholes, or areas of injustice may become apparent. Thus, legislation is refined and updated to fix these shortcomings and ensure laws operate as intended.

This article will discuss the 2024 family law changes to help you understand the implications of these changes. The 2024 family law changes involve two new pieces of legislation:

1. Family Law Amendment Act 2023
2. Family Law Amendment (Information Sharing) Act 2023.

The Family Law Act 1975

The Family Law Act 1975 serves as the cornerstone of Australian family law. Its primary aim is to provide a framework for addressing legal matters arising from family relationships, particularly in cases of separation or divorce.

A modification to the Family Law Act took effect May 6, 2024, bringing about certain changes for parents, caregivers, and children who have yet to reach a parenting agreement. But what triggered these changes?

Making the legislation easier to read and comprehend was a common theme in the Commission’s final report outlining its recommendations. The purpose of these changes is to simplify the law for all parties involved in the family law system. Judges should be included in this so they can interpret the law more clearly. 

Notably, the paramount consideration of the children’s best interests is the foundation for these changes.

2024 Family Law Changes

The following laws were passed by the Parliament last October 19, 2023:

1. Family Law Amendment Act 2023
2. Family Law Amendment (Information Sharing) Act 2023.

Family Law Amendment Act 2023

The Family Law Amendment Act 2023 is an act to amend legislation relating to family law and other related purposes. The following are the contents of this amendment:

1. Schedule 1: Parenting framework
2. Schedule 2: Enforcement of child‑related order
3. Schedule 3: Definition of member of the family
4. Schedule 4: Independent children’s lawyers and Hague Convention proceedings
5. Schedule 5: Case management and procedure
6. Schedule 6: Communications of details of family law proceedings
7. Schedule 7: Family report writers
8. Schedule 8: Review of operation of the Federal Circuit and Family Court of Australia Act 2021
9. Schedule 9: Dual appointments
10. Schedule 10: Review of amendments

The changes under the Family Law Amendment Bill revolve around:

1. The considerations that the courts must take when determining what is in the child’s best interests, and
2. Parents’ decision-making method in relation to the long-term issues for their children.

Family Law Changes in Parenting Agreements

This new law will change the considerations in making parenting agreements. This includes:

1. a shorter list of factors for the Courts to consider when deciding whether parenting arrangements are in the best interests of the child/children
2. new provisions on the decision-making method with regard to long-term issues
3. removal of the equal shared parental responsibility presumption (taking into account that there was never a requirement that the child must spend substantial and significant time with each parent).

Best Interests of the Child: Six Factors to Consider

Under this law, the Court shall consider six factors to decide what parenting arrangements will be in the best interests of your child. These factors include:

1. the safety of the child and people who care for the child (including any history of family violence and family violence orders)
2. the child’s views
3. the developmental, psychological, emotional and cultural needs of the child
4. the capacity of each person who will be responsible for the child to provide for the child’s developmental, psychological, emotional and cultural needs.
5. the benefit to the child of having a relationship with their parents, and other people who are significant to them (e.g. grandparents and siblings), and
6. anything else that is relevant to the particular circumstances of the child.

FACTSHEET: Family Law Changes from May 2024 for Parents and Parties

Family Law Amendment (Information Sharing) Act 2023

In order to implement important components of the National Strategic Framework for Information Sharing between the Family Law and Family Violence and Child Protection Systems, the Family Law Amendment (Information Sharing) Act 2023 changes the Family Law Act. 

It improves the exchange of data on child abuse, neglect, and family violence risk among law enforcement, child welfare organisations, and courts. These are the amendments under this Act:

1. Subdivision DA – this subdivision repeals section 69ZW (Evidence relating to child abuse or family violence) of the Family Law Act. In lieu of this, the law introduces a new Subdivision DA (Orders for information etc. in child‑related proceedings) in Part VII of the Family Law Act. This subdivision deals with sharing information relating to family violence, child abuse and neglect in child-related proceedings.
2. Section 67ZBD – this section under Subdivision DA introduces a new order for particulars of documents or information held by information-sharing agencies (state and territory child protection, police and firearms agencies, and the Australian Federal Police for the Australian Capital Territory).
3. Section 67ZBE – this introduces a broadened order for the Courts to require information-sharing agencies to produce documents or information.
4. Section 67ZBF – this section states that an order made under section 67ZBD or 67ZBE does not require, but allows, an information-sharing agency to:

• give the court particulars of a document or information, to the extent that the particulars would reveal protected material; or
• produce a document to the court, to the extent that the document contains protected material; or
• give the court information that is protected material.

What’s a Protected Material?

This section also defines and specifies what constitutes ‘protected material.’ It is information that:

• is the subject of legal professional privilege; or
• discloses, or would enable a person to ascertain, the identity of a person who communicated information to the agency in confidence; or
• the disclosure of which would:

1. endanger a person’s life or present an unreasonable risk of harm to a person;
2. prejudice legal proceedings.
3. contravene a court order or law that, disregarding subsections 67ZBD(7) and 67ZBE(7), would restrict the publication or other disclosure of information in connection with legal proceedings; or
4. be contrary to the public interest.

To view the full text of the provisions above-stated, please visit the Federal Register of Legislation website.

Other Family Law Changes under this Act

• Protections against the disclosure of information that identifies a notifier of suspected family violence or child abuse (except in limited circumstances)
• A new requirement for parties to seek the Court’s permission to issue a subpoena to an information-sharing agency that has been ordered to produce documents or information.
• Empowers the prescription of additional information-sharing safeguards in the Family Law Regulations 1984 (Cth)

Ask Us About Family Law Changes 2024

While the Act aims for simplification, it is still important to discuss legal matters with an experienced attorney. A family lawyer from JB Solicitors with knowledge of family law practice can provide invaluable guidance and ensure you navigate the legal system effectively. 

Contact us today for a consultation for all your family law matters.