Senate debates

Tuesday, 17 October 2023

Bills

Family Law Amendment Bill 2023, Family Law Amendment (Information Sharing) Bill 2023; In Committee

12:32 pm

Photo of Anthony ChisholmAnthony Chisholm (Queensland, Australian Labor Party, Assistant Minister for Education) Share this | Hansard source

Thanks, Senator Scarr. The word 'meaningful' was not included in the best-interests factors recommended by the ALRC. The bill does not include this term, to avoid potential confusion about its meaning. For example, 'meaningful' can be misinterpreted as referring to being meaningful to the parent rather than the child or to mean 'more time' to non-legally-trained users of the Act. Case law has attempted to clarify and define what a meaningful relationship means over time. However, ambiguity and confusion remain, particularly for self-represented litigants or parties who try to reach agreement outside of court. The government's drafting makes it clear that what sort of relationship would benefit the individual child is a question of fact, to be determined by considering the individual circumstances of each case.

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