The Family Law Amendment Act 2023 (CTH) was passed in late 2023 and is due to come into effect on 6 May 2024.

This the first of series of amendments proposed following the ALRC Royal Commission into the Family Law System and the release of the “Family Law for the Future – An Inquiry into the Family Law System” report which provided 60 recommendations for changes to the Family Law system.

The amendments relate primarily to Parenting matters with major changes made to:

• The objects of the act at s.60B which, are said to have simplified however practitioners should be mindful of the need to consider the UN Convention of the Rights of the Child.
• Amendments to the best interest principles at s.60CC which have removed the erroneous assumption of hierarchy in the best interest principles, has a clear focus on protecting children from risk of family violence, and has established separated provision for Aboriginal or Torres Strait Island Children.
• The removal of the presumption for Equal Shared Parental Responsibility and the mandatory considerations for time.
• The inclusion of provisions which are designed to provide guidance for joint decision making (s. 61CA, s. 61D(3) and s. 61DAA).
• Amendments to adviser obligations, in particular the requirement to provide advise as to the best interest of a child (s. 60D)
• The codification of the principles in Rice & Asplund in the new s.65DAAA
• Amendment provisions for enforcement of Parenting Orders including the provision of further delegated powers to Registrars and a simplification of Division 13A.
• Amendments to provide a positive obligation on ICLs to meet with children except in limited circumstances and an expanded ability to utilise Independent Children’s Lawyers in Hague Convention Cases.
• The introduction of new harmful proceedings orders to limit parties from perpetuating system abuse through ongoing applications.

The Attorney-General’s Department have released an overview of amendments for practitioners which is located at https://www.ag.gov.au/families-and-marriage/publications/family-law-amendment-act-2023-factsheet-family-law-professionals.