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^{Monday 6 May 2024}

Family Law changes commence from 6 May

Changes to Family Law commence today, Monday 6 May, including new laws about how the Courts will make parenting orders in the best interests of a child.

Legal Services Commission CEO Gabrielle Canny has urged the South Australian community to take the time to understand the changes and their impact.

“Family Law is a core part of our service delivery as the state’s largest legal assistance service, and I’m urging South Australians to head to our website or call our free Legal Helpline to see how these law changes may affect you,” Ms Canny said.

“The Family Law Amendment Act 2023 sets out new laws about what a court must consider when determining what is in the child’s best interests, and how separated parents are to make decisions about long-term issues for their children.

“Both the Attorney-General’s Department and the Federal Circuit and Family Court of Australia have a wealth of information and easy to read factsheets on the changes, so we’re encouraging parents to seek out that information and read our updates on lsc.sa.gov.au.”

The changes may affect people who:

• have a current parenting matter before the Courts, or
• are trying to determine the right parenting arrangements for their child/ren.

The new laws will make changes to the law about parenting arrangements, including:

• introducing a shorter list of factors for the Courts to consider when deciding whether parenting arrangements are in the best interests of the child/children
• introducing new sections on decision making about major long-term issues
• removing the presumption of equal shared responsibility, clarifying there has never been a requirement for children to spend equal time with each parent.

There are a number of other changes, which include:

• expanding the definitions of ‘relative’ and ‘member of the family’ to include Aboriginal and Torres Strait Islander concepts of family;
• a requirement for Independent Children’s Lawyers to meet directly with children if they are over 5 years of age, unless the child does not wish to meet with the Independent Children’s Lawyer or there are other exceptional circumstances;
• amended compliance and enforcement provisions for child-related orders, that impact applications such as Contravention Applications;
• new powers for the Courts to prevent harmful litigation, including the power to make harmful proceedings orders.

Call our free Legal Helpline on 1300 366 424 or visit: lsc.sa.gov.au.

Media contact: Simon Halliwell 0421 611 856