Para 1 info context - Allowed same sex couples in nsw the right to adopt a child
Evaluation 1 para 1 - Amended the definition of a parent to include 'de facto partners'shifting the focus from sexual orientation to parenting ability
Evaluation 2 para 1 - Parents may express a preference for heterosexual partners, unjustly excluding same sex couples
para 2 context - ADVOS aim to protect women and children from living or spending time with the offender, to reduce violence, threat and harassment
para 3 context - Introduced the presumption of shared parental responsibility, presuming each parent had an equal role in making decisions about the child's wellbeing → This was often misinterpreted by people as a presumption of equal shared parental time
The Family Law Amendment Act 2024 (Cth) repealed the presumption of ‘equal shared parental responsibility’ and the provision that parents will continue to have parental responsibility for decisions after separation
→ s60CC of the FLAArefines the list of ‘best interests’ factors
para 3 evaluation: increase in litigation as parents will seek clarity into how the amendments work and apply to their family situations.
para 4 context: Matrimonial Causes Act 1959 (Cth) (Repealed) On the grounds of ‘fault’ for one or both spouses and grounds for divorce were limited including severe factors such as adultery, cruelty, insanity, etc.
FLA 1975 - context para 4 -
Which allowed there to be oneground for divorcing, removing all the need to find fault.
Under section 50, the act allows a reconciliation period, if they do not revive the marriage in this period, it may be dissolved.
para 4 evaluation 1: ‘the kiss and makeup clause’ under section 50 as well as removing the need to find fault.