“Recent changes to the Family Law Act and the effect upon the orders made by Courts about children, observations of one of the State’s most senior Independent Children’s Lawyers.” Adelta Legal’s Family Lawyer, and one of the most experienced Independent Children’s Lawyers in South Australia, Ian Charman, has considered the most recent changes to the […]
“Recent changes to the Family Law Act and the effect upon the orders made by Courts about children, observations of one of the State’s most senior Independent Children’s Lawyers.”
Adelta Legal’s Family Lawyer, and one of the most experienced Independent Children’s Lawyers in South Australia, Ian Charman, has considered the most recent changes to the provisions of the Family Law Act that removed the previous legislative pathway for a Court in deciding what is in the best interests of children.
Those changes focussed on safety issues, the right of a child to have a meaningful relationship with both parents, whether the Court should specifically consider shared care arrangements and parental responsibility for making long-term decisions.
The overriding consideration of a Court exercising jurisdiction under the Family Law Act remains the best interests of the subject child or children. The amendments to the Family Law Act that came into effect on 6 May 2024, removed the pathway that the Act previously set out for a Court when determining what was in the best interests of the children whose lives were to be affected by the orders of the Court.
Most notably, the Court no longer is required to consider whether there should be an equal time-spending arrangement between the parents or parties for the provision of care to children, even if the parties had not sought such an order. Also, parental decision-making for long term issues has been changed.
It appears that the intent of the changes to the legislation was to streamline the law behind the decision making and to simplify it. By removing the previous legislative pathway, the process should now be easier to understand for parties. The question is, will the changes result in significantly different orders?
Current indications are that the types of orders that a Court is likely to make to resolve disputes over the care arrangements for children may not appear to parties to be substantially different from the orders that were made by the Court prior to the change in the legislation. It is likely to be that the significant changes that follow relate to the way that the cases are presented to the Court and in the decision making of the Judge required to make the decision.
The most contentious change appears to be the amendment of provisions about the importance of children to have a relationship with both parents. Whilst it is clear that it remains important in the consideration of what is in the best interests of children, rather than considering that a meaningful relationship with both parents is the guide to children’s best interests we are now looking at whether parenting orders can ensure a close and nurturing relationship with both parents.
What that actually means in terms of the types of orders made by our Courts exercising jurisdiction under the Family Law Act remains to be seen.
What parties can rely upon is that the Judge will be required to consider the relevant individual facts of each case in deciding what is or is not in the best interests of a child. What will be most apparent is that the Courts will not have to specifically consider whether they make orders for shared parental responsibility and shared care arrangements in making a decision about the best interest of children.
For further information on this article contact:
Accredited Family Law Specialist
e: icharman@adelta.com.au
p: (08) 8415 5024
Accredited Family Law Specialist
BA. LL.B. GDLP
Ian was admitted to practice in 1987 and brings a wealth of experience to Adelta Legal. He joined Adelta Legal in October 2018 after several different practices in the Adelaide city and at Gawler. Ian spent 18 years practising in his own practice before merging with Adelta Legal to expand the Family Law Section. He is one of a few Accredited Specialists in Family Law practising in South Australia. He is also a qualified Independent Children’s Lawyer and regularly appointed to represent the best interests of children in complex family law matters.
Ian is a skilled and persuasive advocate appearing regularly in the Federal Circuit and Family Courts.
In the past, Ian has been a member of the Law Society’s Family Law Committee. He has also written and presented papers for the further legal education of other lawyers in the area of Family Law. He has been a member of the Family Law Section of the Law Council of Australia and been a member of a discussion panel to the National Conference of Independent Children’s Lawyers.
Ian’s approach to the practice of family law is to provide appropriate advice to his clients as soon as possible to try to ensure the best result as quickly and cost-effectively as possible.
Ian practices in matters involving disputes between parents and care givers over children, property settlements and spousal maintenance.
Ian’s experience and expertise enables him to quickly get to the core of most disputes and to avoid being bogged down in a paper war. He tries at all times to keep the focus upon the client’s bottom line and to maintain a sensible, common sense approach to the practice of the law.
Contact Ian Charman
