The Federal Government has announced plans to reform Australia’s family law system.

The Albanese Government says there needs to be more emphasis on the interests of children in parental disputes. 

Attorney-General Mark Dreyfus says courts and judges will be given six “simple” principles to guide custody arrangements for children, while removing the presumption that both parents should be considered to be on equal footing in parenting disagreements.

The family law system is frequently criticised as slow, expensive and traumatic for families at vulnerable moments in their lives.

“In the nine years the former government was in office, there were at least two dozen reviews into the family law system, with hundreds of recommendations that were simply ignored,” Mr Dreyfus said.

“The draft laws … would replace the often confusing law around parenting arrangements with six simple, best interest factors for courts to decide what is in the best interest of children.”

The principles include;

  • considering the safety of the child in any custody dispute

  • the ability for either parent to provide care for their child

  • the benefit for a child in maintaining a relationship with their parents

  • the child's own views on the arrangements

The draft legislation also:

  • introduces a requirement for Independent Children’s Lawyers (ICLs), when they are appointed, to meet directly with children

  • increases judicial discretion to appoint ICLs in matters under the Hague Convention on the Civil Aspects of International Child Abduction

  • provides courts with greater powers to protect parties and children from the harmful effects of protracted and adversarial litigation

  • provides a definition of ‘member of the family’ in the Family Law Act that is inclusive of Aboriginal and Torres Strait Islander concepts of family and kinship

  • simplifies compliance and enforcement provisions for child-related orders

  • creates regulation-making powers to enable the Government to establish schemes that set requirements for family law report writers.

More details are accessible here.