Family Law Amendment Bill introduced into Parliament

On 25 November 2015 the Government introduced the Family Law Amendment (Financial Agreements and Other Measures) Bill 2015 into Parliament.

The amendments proposed in the Bill include measures designed to:

• Address current uncertainties in relation to binding financial agreements;
• enable State and Territory Courts making an interim family violence protection order to suspend or vary existing parenting orders pending further order; and
• strengthen Australia's laws against international parental child abduction by introducing new offences relating to the wrongful retention of a child overseas.

The Bill is yet to be considered by Parliament. 

Changes to passport requirements for children

A number of changes have been made to the legislation that governs passports for children, in particular the consent required for the issuing of travel documents for children. This has obvious importance in relation to family law.

The Passports Legislation Amendment (Integrity) Act 2015 came into force on 8 October 2015 and the new Australian Passports Determination 2015 commenced on 1 October 2015.

Section 11 of the Passports Act has been amended to change the definition of "parental responsibility" to better reflect that used in the Family Law Act. The amendments provide that a person who does not have parental responsibility for a child, even if they spend time with a child in accordance with a Court Order, is not required to consent to the child having an Australian travel document (e.g. a passport).

Other amendments include:

·    that the word "locating" has been removed from the special circumstances where it is not possible to contact the other parent – e.g. this resolves the issue of when you can locate the other parent but not get in contact with them;

·    the requirement, if the other parent is missing, for the other parent to be missing and presumed dead has been modified to missing and/or presumed dead – removing the requirement to produce a death certificate; and

·    the Department may disclose information relating to Court Orders or proceedings to verify if the Orders are correct, remain valid and no other orders have been made or are pending.

Welcome to new Judge

Today the Newcastle and Hunter legal community welcomed Judge Middleton to the city and offered congratulations on his appointment to to the Federal Circuit Court of Australia.

Judge Middleton, who practiced in family law and crime as a solicitor before continuing that practice once he went to the Bar in 2007, is a very welcome addition to the Judges who so ably serve the community here.