Child’s Best Interests
Best interests of the child applies throughout the case considering factors such as cultural background, family or domestic violence concerns taking importance to safetiness of the child.
Added to the legislation is the best interests of an Aboriginal or Torres Strait Islander child. This includes considerations about a child’s rights to connect with and maintain their family, community, language and culture. It also redefines ‘member of the family’ considering indigenous family structures, roles and kinship systems.
Removal of ‘Equal Shared Parental Responsibility’
The Courts required, that the parents must have equal shared parental responsibility which means shared decision-making power and a requirement to inform, consult and reach agreement about major decisions such as medical treatment, education and religion. Now, the new test applies accounting to the best interests of the child and their particular individual circumstances.
Reconsidering the final parenting orders
The court must consider if there has been a significant change in circumstances and additional consideration of “best interests” factors for the children and if there should be a reconsideration in the final parenting order, it has to be made for the benefit of all.
Assigning Independent Children’s Lawyer (ICL)
The amendment requires an ICL to meet with the children (aged 5 or over) they represent and offer the children an opportunity to share their views in relation to the specifics of their arrangements.
These changes will be in effect for cases heard in the Court from May 6th, 2024. This amendment is not retrospective so if a final hearing has begun prior to May 6th, then the amendments will not be taken into consideration.
