Know Where You Stand
with your first appointment FREE

Family Law Amendment Bill 2023

Written by Pearsons Lawyers
1 February 2023

The Federal Government has published an exposure draft of the Family Law Amendment Bill 2023 which proposes inter alia to:

  1. Amend section 60CC to simplify it with only six factors applying to all children as in its current form the fourteen “additional considerations” often overlap or are not relevant to the vast majority of families. The proposed wording is simpler and more accessible for self-represented litigants.
  2. Repeal section 61DA so that the requirement for the Court to apply the presumption of ESPR is removed. This will have little practical effect but to remove the presumption and therefore the default position. This means there will not be one party who bears a greater evidentiary onus than another party. The Court will start with a clean slate, assess the evidence, and make findings as to what allocation of parental responsibility is appropriate, which it does anyway.
  3. Repeal section 65DAA so that it is no longer mandatory for the Court to consider certain time arrangements for a child if it orders ESPR. This means the Court would no longer be required to consider whether an order for equal time is in the child’s best interests and reasonably practicable, or if it is not, whether an order for the child to spend substantial time with each parent is. This will remove the needing to think and record mandate about these things which will have little practical effect as the Court is still required to makes orders in the child’s best interests which may or may not include an equal time arrangement or a substantial time arrangement. It will also remove the requirement for the Court to spend time and resources considering these things even in circumstances where nobody is seeking an equal time arrangement or a substantial time arrangement.

For more information click here.

Pearsons Family Lawyers

Latest Articles on Family Law

Grandparents’ Rights

Grandparents’ Rights

The Family Law Act (“FLA”) gives recognition to grandparents as well as other extended family members when it comes to parenting matters. It is not...

read more
Know Where You Stand

Book Your Free Appointment

During your initial free consultation we will:

  • Discuss your circumstances.
  • Answer any questions about the divorce process.
  • Discuss your options.
  • Advise you of your entitlements.
  • Provide you with information about the cost of a divorce and separation.

Call our office or fill in the contact form to book your free appointment.

Office Hours

Monday to Friday 8:30am – 5:00pm
(Please note we are closed between 1-2pm)

Wednesday Evenings 5:00pm – 7:00pm
(by appointment only)

> Office Locations

> Call 1300 699 688

Get Your First Appointment Free

"You certainly have done an amazing job, and the acceleration of my matter once you were involved, have been quickly and highly noticed by myself and those closest to me. Thank you! We love your "Get the job done" attitude. I would highly recommend you should anyone I know require a Family Law lawyer, that's for sure."

⭐️⭐️⭐️⭐️⭐️ Christina, Melbourne