The federal government is making first major changes to family law since Howard-era reforms in 2006.It will also simplify the list of factors that courts need to consider when determining a child’s best interests.
Starick’s refuges for women and children are in high demand as the WA rental shortage limits housing options.The seven factors that judges must consider – which have been simplified from the previous list of 15 – include a child’s safety, their views, the benefit of having relationships with both parents, and the child’s developmental, psychological, emotional and cultural needs.
It meant courts had to start with the presumption each parent gets an equal say in major decisions about their children, and included an associated provision that also required courts to consider time arrangements for children to spend with each parent.to mean both parents should see the child for an equal amount of time.
Bartal said the government’s intention had been to simplify the laws. “But as is often the case, simplifying things adds a bit of uncertainty. There is some concern that removing definitions broadens the potential outcome for families,” she said.Attorney-General Mark Dreyfus said when introducing the bill earlier this year that the government recognised that “for most children, it is strongly in their best interests to have a loving and nurturing relationship with both parents after separation”.
The Senate review also called for stronger safeguards to protect parents from disclosing confidential information, such as personal health records and counselling notes, when there was no value to giving the information.
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