New bill to reshape custody battles in Australia

New bill to reshape custody battles in Australia in the most major modification to parenting arrangements since 2006. The new regulations are to eliminate the presumption of “equal shared responsibility” and replace it with seven new factors that the courts must consider. 

When the controversial Howard-era legal assumption that parents have “equal shared responsibility” is repealed, what is best for a child will become the primary factor in parenting cases. 

A child’s safety and opinions, the advantages of having relationships with both parents, and their developmental, emotional, and cultural needs are among the seven considerations that courts must examine. These have been simplified from the previous list of 15 considerations. 

The factors removed from the list include the lifestyle and background of a child and their parents, the parent’s attitude towards parenting, the effects changes in circumstances would have on a child, and the parents’ prior efforts to spend time with the child. 

What will change after the new bill is passed?

The elimination of the “equal shared parental responsibility” presumption that separated parents have been entitled to since 2006, when it was instituted by the Howard administration to offset a historical prejudice against fathers’ custody, will, however, be the most significant change. 

It meant that courts had to assume both parents get an equal say in decisions that affect their children, and an additional provision that required the courts to take into account the arrangements for children to spend time with both parents. 

The Australian Law Reform Commission discovered that the statute was being incorrectly interpreted to suggest that both parents should have equal access to the child. 

The Howard-era reforms, which aimed to simplify laws, have been criticized for potentially broadening the potential outcomes for families. The removal of definitions may limit negotiation opportunities, as it may not provide a starting point for families dealing with family violence or coercive control. 

Reactions to the introduction of the new bill

When introducing the bill earlier this year, Attorney-General Mark Dreyfus said that it is necessary to amend the law to clarify that there is no entitlement for parents to spend equal time with their child after separation, despite the government’s recognition that it is in most children’s best interests to have a nurturing relationship with both parents. 

Additionally, the new bill calls for independent children’s attorneys to visit with kids in person and for the court to consider Aboriginal or Torres Strait Islander kids’ rights to stay connected to their families, communities, cultures, countries, and languages. 

Senator Tammy Tyrell supports the bill, stating it prioritizes children’s best outcomes and is a positive change based on reviews. 

The bill is expected to pass the Senate with strong cross-party support and take effect six months after its passage.