This article delves into the definition of parental responsibility, sole parental responsibility, shared parental responsibility and what you need to do if you want sole parental responsibility in relation to your child.
What is parental responsibility
Parental responsibility in relation to a child, means all the duties, powers, responsibilities and authority which, by law, parents have in relation to their children.
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.
In some circumstances a court may order sole parental responsibility for particular things, such as medical treatment or education, therefore taking these decisions away from the other parent.
How do I get sole 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 h 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.
A court will order that one parent have parental responsibility in relation to a child, solely, to the exclusion of the other, rarely and only where it is considered to be in the children’s best interests, having regard to the following factors:
- What arrangements promote the safety of the child and the parents;
- Any views expressed by the child;
- The developmental, psychological, emotional and cultural needs of the child;
- The capacity of the parents to meet the needs of the child;
- The benefit of the child having a relationship with the child’s parents and others significant to the child, where it is safe to do so;
- Anything else that is relevant to the particular circumstances of the child.
In considering the above matters, the court must include consideration of any history of family violence, abuse or neglect involving the child or a person caring for the child and any family violence order that is in place.
A circumstance where a court may deem it is in the children’s best interests for one parent to have parental responsibility for long term issues affecting a child is where one parent has an addiction to drugs, mental illness, where there has been extreme domestic violence or in circumstances where a child has been subject to abuse by a parent. A court may also order that one parent have sole parental responsibility in relation to a child if it is otherwise considered that it is in a child’s best interests. This may be the case in circumstances where, for example, the parties are unable to communicate and cooperate to make decisions in relation to their children.
You will need to file an Application in the Federal Circuit & Family Court of Australia seeking orders for you to have parental responsibility for all major long term decisions concerning your child, and you should explain why it is in the child’s bests interests.
Parenting Orders and parental responsibility
A parenting order confers parental responsibility for a child on a person, but only to the extent to which the order confers on the person duties, powers, responsibility or authority in relation to the child.
A parenting order in relation to a child does not take away or diminish any aspect of the parental responsibility for any person for the child except to the extent (if any):
- expressly provided for in the order; or
- necessary to give effect to the order.
Learn More
If you would like more information on similar topics, check out the following information and articles:
- Child Custody
- 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.
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.
