Parental responsibility refers to the legal authority parents have to make important decisions about their child’s upbringing. Following changes to the Family Law Act in May 2024, the Court no longer presumes that parents should have shared parental responsibility. Instead, the Court determines whether shared or sole parental responsibility is in the child’s best interests. This article explains what parental responsibility means, the difference between shared and sole parental responsibility, and when the Court may order one parent to make major long-term decisions.
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What is Parental Responsibility?
Parental responsibility is the legal authority parents have to make important decisions affecting the care, welfare, development and safety of their 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.
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. They include decisions about:
- 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.
Examples include choosing a school, consenting to significant medical treatment such as an operation or attending upon a psychologist, deciding a child’s religion, or relocating a child in circumstances that significantly affect the child’s relationship with the other 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 does it mean when parents share 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.
The previous legal presumption of equal shared parental responsibility was removed in May 2024. The Court must now consider each family’s circumstances individually and determine whether it is in the child’s best interests for parents to share responsibility for major long-term decisions or for one parent to have sole parental responsibility.
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.
Importantly, sole parental responsibility does not automatically mean that the other parent will not spend time with the child. Parental responsibility relates to who makes major long-term decisions about a child’s upbringing, not where the child lives or how much time they spend with each parent. In many cases, a child may spend substantial time with both parents while one parent has sole parental responsibility for major long-term decisions. Whether the Court orders sole parental responsibility will always depend on what is in the child’s best interests.
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.
Frequently Asked Questions
Does shared parental responsibility mean equal time with a child?
No. Shared parental responsibility relates to who makes major long-term decisions about a child, such as decisions about education, health and religion. It does not determine how much time a child spends with each parent.
Can one parent make major decisions without the other parent’s agreement?
It depends. If Parenting Orders require parents to make joint decisions about major long-term issues, they must consult each other and make a genuine effort to reach agreement. If one parent has sole parental responsibility, they can generally make those major long-term decisions without the other parent’s agreement.
If there are no Parenting Orders dealing with parental responsibility, each parent generally has parental responsibility for their child. However, that does not mean it is advisable to make significant decisions affecting your child’s long-term health, education or welfare without consulting the other parent.
Where it is safe and appropriate to do so, we recommend discussing major long-term decisions with the other parent before making them. This can help minimise conflict and reduce the likelihood of Court proceedings becoming necessary. If you cannot reach an agreement, Family Dispute Resolution (mediation) may assist you in resolving the issue before Court intervention is required.
What is the difference between shared parental responsibility and sole parental responsibility?
Where both parents share parental responsibility, it means the parents share responsibility for making major long-term decisions affecting their child. Sole parental responsibility means one parent has the authority to make those decisions without needing the other parent’s agreement.
Does shared parental responsibility end when parents separate?
No. Separation does not automatically change parental responsibility. Until a court makes Parenting Orders or the parents agree to different arrangements through legally recognised orders, each parent generally continues to have parental responsibility for their child.
When will the Court order sole parental responsibility?
The Court will only make orders that are in the child’s best interests. Depending on the circumstances, sole parental responsibility may be appropriate where parents are unable to communicate effectively about major decisions, where there are concerns about family violence, abuse or neglect, or where joint decision-making is otherwise not in the child’s best interests.
Can Parenting Orders change parental responsibility?
Yes. Parenting Orders can provide that parents have shared parental responsibility or that one parent has sole parental responsibility for some or all major long-term decisions. Existing Parenting Orders may also be changed if the legal requirements are met.
Can schools or doctors make decisions without both parents’ consent?
It depends on the circumstances and whether Parenting Orders are in place. Schools, medical practitioners and other organisations will often consider any Parenting Orders that deal with parental responsibility. If parents share parental responsibility for major long-term decisions, significant decisions should generally be made jointly. If one parent has sole parental responsibility, they may be authorised to make those decisions without the other parent’s agreement.
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
- What are parenting orders?
- Can my child choose which parent they live with?
- 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.
Contact Us
If you would like to know more information about parental responsibility, contact us to book in a reduced rate initial consultation with one of our experienced Brisbane family lawyers to discuss and obtain advice about your individual circumstances.
