New Horizons in Parenting Matters: Strategies for Today’s Family Law Landscape - 5 program on-demand webinar series

Program 1: Old Wine in a New Bottle?  Family Law Act Reforms and Changes to the Parenting Regime

Amendments to the Family Law Act 1975 which commenced earlier this year included a new list of factors to be considered when determining the best interests of a child, including safety and long term decisions.  But will the approach to parenting matters, both negotiated and litigated, change in light of the new regime?  This session will look at:

• Spot the difference: was the public consultation taken into consideration in the drafting of the reforms?
• Safety as the new buzz word and explaining what it means to your clients
• The use of the passive voice: the implications of the court being required to consider the views expressed by the child rather than having to ascertain those views
• Navigating the confusion as to the concepts of parental responsibility and long-term decision making - are they the same? How do you word orders?
• Will the reforms prevent abuse of the system by disgruntled parents?
• Do the reforms align with the UN Convention on the Rights of the Child and international best practices?
• The codification of Rice v Asplund: the implications and likely consequences

Program 2: Are the Kids All Right?  New Obligations for Independent Children’s Lawyers

An independent children’s lawyer plays an essential role in representing the best interests of a child in family law proceedings.  Recent amendments to the Family Law Act put the ICL at the forefront of assisting the court to understand the views of a child.  This session will look at the recent amendments regarding the role of the ICL, including:

• A refresher on when an ICL might be appointed
• The new positive obligations of the ICL
• Exceptions to the new statutory requirement for the ICL to meet with children
• Will the new obligations give children a greater voice and more say in family law proceedings?
• What happens when a child does not want to express their views to the ICL
• Maintaining impartiality as an ICL – key considerations
• When might an ICL be removed from a case?

Program 3: Knowledge is Power: Information Sharing in Family Violence and Child Protection Matters

Time and time again, we have seen the tragic impact resulting from a failure of information sharing amongst state and territory agencies in family violence and child protection matters.  Recent amendments to the Family Law Act are aimed at improving information between the court and agencies to better protect children from family violence, abuse and neglect.  This session will cover:

• The Family Law Amendment (Information Sharing) Act 2023 and amendments to s 121 of the Family Law Act
• Information sharing orders and their assistance in decision making by the court
• Processes necessary to ensure the appropriate and safe disclosure of sensitive information
• Interplay with recordings, disclosure of sensitive information and the use of medical reports
• Legal exclusions to information sharing and information sharing safeguards
• Restrictions on a party’s ability to issue subpoenas
• Only time will tell: will the reforms make the family law system a safer place for children?

Program 4: A Necessary Change: Criminalising Coercive Control in Australia

Coercive control is an insidious form of abuse prevalent in domestic and family relationships across Australia.  For family lawyers, it is crucial not only to understand the dangers of coercive control but also to recognize its signs in order to assist affected clients effectively. This session will provide a comprehensive overview of coercive control, highlighting its signs and dangers, and emphasizing the vital role family law practitioners play in identifying and addressing this issue within family law disputes. It covers:

• What is coercive control? Recognising the signs and behaviours
• Navigating the Commonwealth National Principles to Address Coercive Control in Family and Domestic Violence
• Coercive control laws around Australia – key definitions and offences
• How does the Family Law Act address behaviours which can be described associated with coercive control?
• Is coercive control treated the same way as other forms of family violence?
• Lessons from recent cases
• Resources to assist clients affected by coercive control

Program 5: On the Move: Navigating Child Relocation Challenges

The relocation of children, whether within Australia or abroad, presents complex legal challenges, especially when done without mutual parental consent. This session will provide a comprehensive understanding of the legal framework, procedural requirements, and key considerations in cases of child relocation, including:

• Navigating the common hurdles and risks involved in relocation applications
• Tips and tricks for effectively applying for location orders and recovery orders
• How risk factors influence judicial decisions in relocation cases
• Expected evidentiary changes following the recent parenting amendments
• Recent cases and examples