CHANGES to parenting arrangements made through the legal system are set to come into effect next month.
From 6 May, reforms to family law will begin to be applied in the courts. Among the changes are a greater focus on child safety and the abolition of the presumption of equal shared parental responsibility. The reforms will also see prior family violence orders taken into greater consideration during the parenting arrangement process.
The Peninsula Community Legal Centre is a free legal service in Frankston, which includes family law within its services. PCLC CEO Jackie Galloway says the changes are “the result of years of advocacy by victim-survivors of family violence and organisations like ours who work with them.”
“Court data shows that in 2021 – 2022 family violence was alleged in 80 percent of matters filed in the Federal Circuit and Family Court of Australia. 66 percent involved risk factors such as family violence, child abuse, mental health issues or drug, alcohol or substance abuse putting a child at risk. While issues of risk have long been considered, previously the language of “safety” was not used in the Family Law Act when it came to decisions about parenting,” Galloway said.
Galloway says that changes to “equal shared parental responsibility” orders are another significant part of the reforms. “By removing the word “equal”, the new reforms make it clearer that there is no parental entitlement to equal responsibility or equal time with children under Australian law,” she said. “Who will have parental responsibility is solely guided by what is in the best interests of the child, including safety, and is decided on a case-by-case basis.
“Most of the changes in the new law will come into effect on 6 May 2024. From then, the changes will apply to all new and existing parenting proceedings, except where the final hearing has already begun. So if you have a family law matter where the final hearing has not started before 6 May 2024, these laws will apply to you.”
The PCLC deals with family law more than any other area of law. To contact the PCLC visit pclc.org.au or phone 9783 3600.
Family law reforms welcomed
By BaysideNews
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