The Family Law Amendment Act 2024 introduces several changes to the Family Law Act, effective from June 2025, that will significantly impact parenting matters. These changes are designed to improve the management of parenting disputes and ensure the best interests of children are prioritised. Here’s an overview of the key amendments and their implications for parenting arrangements.
Children’s Contact Services (CCS)
The amendments enable the Australian Government to establish accreditation rules for Children’s Contact Services (CCS). These rules will ensure that only accredited CCS can be referred by courts, enhancing the safety and quality of services provided to families.
Family Dispute Resolution (FDR)
Before applying for a parenting order under Part VII, parties are required to attend Family Dispute Resolution (FDR) and obtain a certificate from an accredited practitioner. Exemptions apply in cases of urgency, family violence, child abuse, or other specified circumstances. The court now has the express power to reject applications that do not comply with these requirements.
Attendance at Divorce Proceedings
Changes to section 98A of the Family Law Act mean that divorcing parties will have the same court attendance requirements regardless of whether they file solely or jointly, and whether there are children of the marriage. Sole divorce applications can now be heard without court attendance, even if there are children under 18.
Commonwealth Information Orders (CIOs)
The amendments clarify that CIOs, which compel Commonwealth departments or agencies to provide information about the location of a missing child, must include any information related to actual or threatened violence. This ensures that the court has access to critical information about risks to the child or their family members.
Jurisdiction of State Courts
The amendments clarify the operation of provisions that enable state or territory courts to be prescribed with jurisdiction to make family law parenting orders. This ensures that state courts have the same jurisdiction under Part VII of the Family Law Act as if the proceedings were heard in a federal court.
Protecting Sensitive Information
The amendments empower parties to take steps to prevent access to evidence of certain confidential communications, referred to as ‘protected confidences’. This includes communications with health services, specialist family violence services, and specialist sexual violence services. The court can make directions to protect this evidence if its disclosure would likely cause harm to a party or child involved in the proceedings.
Conclusion
The changes to the Family Law Act aim to improve the handling of parenting matters by enhancing the safety and quality of services, ensuring compliance with dispute resolution requirements, and protecting sensitive information. These amendments are designed to prioritise the best interests of children and provide a more supportive and equitable process for families navigating parenting disputes
Seeking Legal Advice
Navigating a parenting matter can be complex and requires a thoughtful approach. If you are going through a separation or if you are having difficulties with parenting matters and need legal guidance, My Legal Crunch Lawyers are here to assist you. Contact us today to schedule a free consultation with one of our experienced lawyers.
Notice: My Legal Crunch is not a legal aid service provider, save for acting as an Independent Children’s Lawyer by Court Appointment.
