From May this year, new legislation will introduce some of the most significant changes to family law in 17 years.
One change involves removing the presumption that equal shared parental responsibility is automatically in the best interest of a child for decisions related to issues such as education, medical treatment, religion and name changes.
This change makes it clear that the best interest of the child is still the determining factor, but without an initial presumption that best interest will be equal. An increase in requests for more flexible parental responsibility court orders is anticipated.
For instance, a parent might be granted sole responsibility for medical decisions while sharing other responsibilities.
These changes also involve attempts to streamline the factors for determining a child’s best interest. The amendments mandate an assessment of family violence history, abuse, neglect and any domestic violence orders, including expired orders.
The upcoming change eliminates the need to challenge a presumption of equal shared responsibility when safety concerns or other factors support a different outcome, in a child’s best interest.
Olivia Le, Lawyer, Catton & Tondelstrand Lawyers, Kon-Tiki Business Centre Tower 1, Level 3, Suite 315, 55 Plaza Parade, Maroochydore, 5609 4933, ctlawyers.com.au
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