Major amendments to the Family Law Act 1975 (“the Act”) were passed by the Commonwealth Parliament on 19 October 2023 (“the Amendments”). The Amendments have not yet come into effect but are expected to roll out imminently.

It’s not unusual for parties who have separated to make their own private parenting arrangements in relation to their child. Private parenting arrangements are an attractive option because they are cost effective and relatively easy to produce. They may also be less emotionally intensive than dealing with the formal legal system.

The unique role played by an Independent Children’s Lawyer (“ICL”) (particularly when both parents are self-represented), and the ongoing developments in information sharing protocols between agencies, appear to have contributed to some confusion as to the obligations on ICLs to keep confidential information which they obtain in that role.

When the Court has made a parenting order, there are certain criteria the Court must consider before deciding to make any changes.

It is not unusual for family members to give money to their children or to enter into informal loans with them.  However, when that child separates from their partner, the characterisation of those funds can have a major impact on the asset division.