Earlier this year, amendments came into effect in relation to the primary governing legislation in the Family Court (Family Law Act 1975), particularly in relation to parenting matters. These amendments largely sought to simplify and streamline the best interests considerations when determining children’s matters.
Under section 60CC of the Act there are now only 6 factors the Court must consider when determining best interests, with a focus on the safety of the child and person who has care of the child, taking into account a history of family violence. The Court must also consider the following:
- Views expressed by the child;
- Developmental, psychological, emotional and cultural needs of the child;
- Capacity of each parent / parental figure to provide for the needs of the child;
- Benefit to the child of having a relationship with the child’s parents;
- Anything else that is relevant to the particular circumstances of the child.
The presumption of equal shared parental responsibility, section 61DA, has now been repealed. The amended legislation leaves it open to the Court to consider equal time arrangements on the basis of equal shared parental responsibility, with section 61D(3) permitting the Court to still make Orders relating to allocation of parental responsibility.
The real world impact of these amendments are viewed by the team at Holden Barlow Family Lawyers to be significant, with the Court better able to determine matters based on the particular circumstances of each matter.
We note these amendments have not yet been adopted for de facto couples, under the Family Court Act 1997.
Equivalent changes are also due to be made to legislation for de facto parties in the future.
All advice is general in nature. Should you have any queries or wish to obtain legal advice, please contact Holden Barlow Family Lawyers Perth.
May 2024