Read on to learn about shared parental responsibility, sole parental responsibility and what you need to do if you want sole parental responsibility in relation to your child.
What is Parental Responsibility?
Parents are responsible for the making of all decisions affecting the care, welfare, development and safety of your children.
Under the Family Law Act, parental responsibility refers to all the duties, powers, responsibilities and authority which by law parents have in relation to children: s61B Family Law Act.
Prior to a court order being made, each parent of a child who is under 18 has parental responsibility for that child. This is the case whether the parents are separated or in a relationship.
Exercising parental responsibility is divided into two types of decisions including day to day decisions and long-term decisions.
What are long term decisions Vs Day to Day decisions?
Long term decisions are issues that affect the long-term care, welfare and development of your child and include, for example:
- The child’s education;
- The child’s health (including for example attending a psychologist and medical procedures);
- The child’s name;
- The child’s religion and cultural upbringing;
- changing the child’s living arrangements in a way that makes it significantly more difficult for the child to spend time with a parent.
Day to day decisions are decisions about, for example, what a child will eat, what the child will wear and what the child will do on a particular day.
What is shared Parental Responsibility?
When making a parenting order in relation to a child, the court no longer presumes that it is in the best interests of the child for the child’s parents to have shared parental responsibility for the child.
Since May 2024, the Court is simply required to determine whether it is in the best interests of the child for the parents to have shared parental responsibility or whether it is in the child’s best interests for one parent to have sole parental responsibility and decision-making authority for long term decisions affecting the child’s health and wellbeing.
If it is safe to do so and subject to court orders, the parents of children are encouraged to consult one another about major long-term issues in relation to the child and in doing so have regard to the best interests of the child as the paramount consideration.
If a parenting order provides for shared decision making by the parents in relation to long term issues, the parents are required to consult each other in relation to each decision and to make a genuine effort to come to a joint decision. It does not require the parents to consult each other in relation to day-to-day issues.
What is sole parental responsibility?
Sole parental responsibility means that a parent is solely responsible for making all ‘big ticket’ AKA major long term decisions in relation to their child. Long term decisions include for example, in relation to the child’s education, health and religion.
Click the link to read more about the meaning of sole parental responsibility and how to increase your prospects of achieving an order for sole parental responsibility of your child.
Learn More about shared parental responsibility & sole parental responsibility
If you would like more information on similar topics, check out the following information and articles:
- Child Custody
- Sole parental responsibility;
- I want sole custody of my child
- I want sole custody, here’s what not to do
- What is unacceptable risk and when will a court change residence?
- Change in residence for children because of mother’s inability to protect children from harm.
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