Changes to the Commonwealth Family Law Act
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How has the law been changed?
When parents have the chance to focus on their children's needs most of them can sort out their issues without going to court. The law has been changed to make sure that people have every chance to sort out their disputes.
The changes aim to help parents manage family separation by resolving disputes themselves, where possible, and to encourage cooperative and shared parenting after separation. A Family Relationship Centre or Legal Aid Queensland may provide information, referral, support and family dispute resolution services to families in all stages of their relationships.
Get legal advice about how these changes will affect you.
What are the main changes to the law?
The best interests of the children are the main consideration for the court in any children's case. The changes to the law do not affect this in any way.
One of the changes includes the court looking at both 'primary' (most important) considerations and 'secondary' (other) considerations when deciding the best interests of the children. The primary considerations are the benefits of children having a meaningful relationship with both parents and their need to be protected from harm.
Other main changes are:
- any orders about where a child lives, who a child spends time with or who a child communicates with are now called 'parenting orders'
- if the court makes a parenting order that says both parents (or other significant persons) have equal shared parental responsibility, then those persons must consult each other and make a genuine effort to come to decisions together regarding major long term decisions about the children
- if the court decides you have equal shared parental responsibility, the court must also consider if spending time with both parents equally is practical and best for the child
- when making a parenting order, the court must look at if parents can meet their parenting responsibilities, for example if they have shown they have paid child support or turned up for handover
- you have to make a genuine effort to sort out your dispute before applying to court for a parenting order. There are exceptions, for example if there is family violence or child abuse or in situations of urgency
- the court has wider powers to deal with people who breach parenting orders
- the court process in parenting matters has changed to make it more informal, flexible and supportive to the children and the parents
- a fear or apprehension of family violence must now be 'reasonable'. The court considers whether it is reasonable for a person in the shoes of the individual to fear or have an apprehension of violence
- setting out the importance of relationships with grandparents, relatives and others close to children
- the child representative is now an 'independent children's lawyer' and has a stronger role
- the family law courts can now all make decisions about property of any value
- a system is being set up to make sure family dispute resolution service staff and family counsellors are all properly qualified.
If you already have parenting orders in place, these changes will not apply to you. They apply to orders made on or after 1 July 2006.
If you or the other parent have breached (broken the rules of) a parenting order, the new penalties will apply from when the Act says so (no matter when the parenting order was made).
You may also need to try family dispute resolution before applying for a parenting order, although there are some exceptions to this. From 1 July 2007 you will need to attach a certificate from a family dispute resolution practitioner to your parenting order application. There are exceptions to this also. See Family dispute resolution – do I have to go?
Acknowledgement - Prepared using fact sheets which are copyright to the Commonwealth of Australia and National Legal Aid.