Sole parental responsibility gives one parent the authority to make major long-term decisions about their child’s upbringing without needing the other parent’s agreement. However, it does not automatically mean the child will live exclusively with that parent or that the other parent will stop spending time with the child. This article explains what sole parental responsibility is, when the Court may order it, and what you need to establish if you are seeking sole parental responsibility.
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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 one parent has the legal authority to make major long-term decisions in relation to their child. These decisions commonly relate to matters such as education, significant medical treatment 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 decision-making, not where a child lives or how much time they spend with each parent.
In many cases, a child may continue to spend substantial time with both parents while one parent has sole parental responsibility for major long-term decisions.
In some circumstances, the 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?
Sole parental responsibility is not granted simply because parents disagree or because one parent believes they can make better decisions. The Court will only make an order for sole parental responsibility if it considers that doing so is in the child’s best interests.
What is Shared Parental Responsibility?
Prior to May 2024, the Court applied a legal presumption that equal shared parental responsibility was in a child’s best interests unless that presumption was rebutted. That presumption has now been removed.
Today, the Court considers each family’s circumstances individually and determines whether it is in the child’s best interests for parents to share responsibility for major long-term decisions or whether one parent should have sole parental responsibility.
Where Parenting Orders provide for shared parental responsibility, parents are generally required to consult each other and make a genuine effort to reach a joint decision about major long-term issues affecting their child. This does not apply to day-to-day parenting decisions.
Examples of when Sole Parental Responsibility may be ordered
Whether sole parental responsibility is appropriate will depend on what is in the child’s best interests. Every family is different, and the Court will consider the particular circumstances of each case.
Examples of circumstances where the Court may consider ordering sole parental responsibility include:
- significant family violence;
- child abuse or neglect;
- serious drug or alcohol addiction;
- untreated mental health conditions affecting parenting;
- one parent being unable or unwilling to make decisions in the child’s best interests;
- or an inability of the parents to communicate or cooperate about major long-term decisions despite genuine attempts to do so.
Every family is different and the Court will consider the particular circumstances of each case before deciding whether sole parental responsibility is appropriate.
Applying for Sole Parental Responsibility
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.
How do Parenting Orders affect 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.
Frequently Asked Questions
Does sole parental responsibility mean my child lives with me?
No. Sole parental responsibility relates to who makes major long-term decisions about a child’s upbringing. It does not automatically determine where a child lives or how much time they spend with each parent.
Can the other parent still spend time with the child if I have sole parental responsibility?
Yes. In many cases, the other parent will continue to spend time with the child. Parenting time and parental responsibility are separate issues.
Is sole parental responsibility difficult to obtain?
Yes. Sole parental responsibility is only ordered where the Court considers it to be in the child’s best interests after considering all of the circumstances.
Can the Court order sole parental responsibility for only one issue?
Yes. The Court can make orders giving one parent sole parental responsibility for specific long-term decisions, such as education or medical treatment, while requiring parents to make other major decisions jointly. The orders will depend on what the Court considers to be in the child’s best interests.
Can sole parental responsibility be changed?
Yes. Parenting Orders dealing with parental responsibility can be changed if the legal requirements are met to change a parenting order, and it is in the child’s best interests.
Learn More
If you would like more information on similar topics, check out the following information and articles:
- What is parental responsibility?
- What is a parenting order?
- 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.
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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.
