New changes to the Family Law Act will become effective from 6 May 2024 thanks to the Family Law Amendment Act passed on 19 October 2023.
For parenting matters, the changes include the removal of the presumption of ‘equal shared parental responsibility’.
This is important as the presumption was widely – and inaccurately – interpreted by the public to mean that both parents have ‘equal time’ with the children.
Another big problem was the use of such an order as an avenue for ongoing perpetration of coercive control and family violence/abuse post-separation.
Most parenting orders have an order providing that the parties share ‘equal shared parental responsibility’ . Some parents may want their orders changed in light of the new legislative changes. Whether that is possible however is another question.
Note that the new laws are only applicable to matters decided by the court after 6 May 2024. They don’t apply to matters already decided.
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