- Family Court Amendment (Commonwealth Reforms) Bill 2024 passes State Parliament
- The safety and wellbeing of children is the central focus of the new reforms which will make the family law system safer and simpler
- Legislation aligns the Family Court Act 1997 (WA) with the Family Law Act 1975 (Cth) and ensures all Western Australians have access to a streamlined system
New laws have passed State Parliament which create a simplified, more child-focused framework in Western Australia and enhance the ability of the Family Court of Western Australia to better protect victim-survivors of family violence.
The changes include improved information sharing to address family safety risks and the introduction of 'harmful proceedings orders', which are aimed at preventing the perpetrator from using the family law system to further abuse victim-survivors of family violence.
The reforms also remove the 'presumption of equal shared parental responsibility', which has often been misunderstood as meaning parents have a right to equal shared time and has resulted in increased risk to some victim-survivors of family violence.
This change makes it clear that all decisions about parenting arrangements should be based on what arrangements are in the best interests of the individual child and protects them from harm.
Other key amendments include expanding the definition of 'family member' to better acknowledge and incorporate Aboriginal and Torres Strait Islander concepts of family.
The amendment reflects that Aboriginal or Torres Strait Islander peoples may have extended family structures or kinship systems and that child-rearing responsibilities may extend beyond the immediate family group or what is reflected in the current definition of family member.
A new criminal offence of retaining a child outside of Australia without consent has also been legislated. While it is currently against the law to take a child overseas without consent, it will now also be an offence to retain a child overseas after a period of consent has expired.
As stated by Attorney General John Quigley:
"These reforms build on the multitude of other important FDV reforms this Government has progressed over the past eight years.
"They mirror a significant tranche of reforms to the Commonwealth Family Law Act and ensure that all parties in the Family Court of Western Australia have access to the same streamlined laws aimed at improving the safety and wellbeing of children.
"The reforms create a simplified, more child-focused framework in Western Australia that gives children a more significant voice in proceedings affecting them, aligning with the United Nations Convention on the Rights of the Child.
"They also create a safer family law system, with improved information sharing to address family safety risks.
"The changes will ensure the Family Court of WA has access to a holistic picture of family safety risk in order to prioritise the safety of children and families, particularly in circumstances where there is risk of child abuse, neglect or family violence."
