The Family Law Amendment Bill 2023, proposed by the Albanese Labor government, aims to make significant changes to the family law system in Australia. The bill’s main focus is to make the system safer and simpler for separating families to navigate, ensuring the best interests of children are placed at its center. The bill is particularly focused on making amendments to the legislative framework for making parenting orders and repealing the presumption of equal shared parental responsibility.
Under the current law, the presumption of equal shared parental responsibility means that both parents have a role in making major, long-term decisions about their children. However, this has often been misinterpreted as implying that parents are entitled to equal time with their children, regardless of any history of domestic and family violence or abuse. The bill aims to rectify this misunderstanding by clearly stating that equal time isn’t always appropriate or safe, especially in families with a history of abuse.
However, the bill has been critiqued for not going far enough in addressing family violence. Critics argue that the bill should be stronger in recognizing where family violence has occurred and in dealing with ‘systems abuse’ (the misuse of legal systems to harass or control a partner) as a form of family violence. Specifically, the bill proposes to remove a reference in the current law to a history of violence in considering the best interests of children, which some argue could result in the minimization of victims’ experiences in the family law system.
The bill also proposes the introduction of a new power for judges to make orders that stop people from bringing court proceedings where it would cause harm to other family members involved, but critics argue this doesn’t go far enough in addressing systems abuse.
In order to better prepare for a future legal landscape involving the above amendments to the legislation, when seeking legal advice it is important to consider the following:
While it’s important to consult with a legal professional about your specific circumstances, in general, when preparing for a family law matter involving parenting issues in Australia, you would typically need to provide your solicitor with detailed information regarding the following:
- The Child(ren): Basic information such as full names, dates of birth, schools attended, special needs, and general health information.
- The Parents: Contact information, employment details, and information about any past or current criminal proceedings, especially those related to domestic violence or child abuse.
- The Relationship and Separation: Details about the relationship between the parents, when and why it ended, and what arrangements have been in place for the children since the separation.
- Parenting Arrangements: Detailed records of the time each parent has spent with the child since separation, including specific dates and times, as well as any problems or issues that have arisen during this period.
- Child’s Wishes: Depending on the age and maturity of the child, their views and preferences regarding living arrangements and time spent with each parent might be considered.
- Safety and Well-being: Any history or instances of domestic violence or child abuse that could affect the child’s safety and well-being. If the Family Law Amendment Bill 2023 is passed, the way this information is considered may change, with some critics arguing that the bill should retain provisions that consider a history of violence when determining a child’s best interest.
- Evidence of “Systems Abuse”: If the bill is passed, it could introduce a new power for judges to make orders that stop people from bringing court proceedings where it would cause harm to other family members involved. This means that evidence of any misuse of the legal system to harass or control a partner (sometimes referred to as “systems abuse”) might become relevant.
- Documentation: Any relevant documents such as birth certificates, school reports, medical records, police reports, or other legal documents.
Remember, every case is unique and the information you need to prepare will depend on your specific circumstances. Therefore, it’s essential to seek advice from a legal professional who can provide guidance based on the details of your situation.