Who has parental responsibility?
The Family Law Act 1975 (Cth) (‘Family Law Act’) provides that prior to the court making orders, each parent of a child under the age of 18 years has parental responsibility.
What does parental responsibility mean?
Under the Family Law Act, parental responsibility in relation to a child is defined to mean all the duties, powers, responsibilities and authority which, by law, parents have in relation to children.
However, the definition does not provide much by way of practical guidance in relation to decision making responsibility. On a practical level, parental responsibility or decision-making responsibility can broadly be divided into two categories: the requirement for parents to make decisions over “day to day” issues, and the making of decisions that concern “major long-term issues” relating to the child.
Day to day issues
It is not practical for parents to discuss and consult with one another about day-to-day issues and decisions that concern children. This concept is recognised by the Family Law Act, which provides that if a child is spending time with one parent at a particular time under a parenting order, the order is taken not to require that parent to consult with the other about day-to-day issues and decisions.
Major long-term issues
The meaning of major long-term issues is defined by the Family Law Act to be issues about the care, welfare and development of the child of a long-term nature, which includes, but is not limited to, issues of that nature about:
- The child’s education (both current and future); and
- The child’s religious and cultural upbringing; and
- The child’s health; and
- The child’s name; and
- Changes to the child’s living arrangements that make it significantly more difficult for the child to spend time with a parent.
Effect of a parenting order that provides for joint decision-making responsibility
Where a court makes an order providing for joint decision-making responsibility it is with respect to matters that concern the major long-term issues relating to a child.
The effect of an order for joint decision-making responsibility about major long-term issues is the creation of an obligation on parents to consult each other in relation to decision about all or specified major long-term issues relating to the child and to make a genuine effort to come to a joint decision. The Family Law Act does not, however, require a parent to establish, before acting on a decision about the child communicated by them to the other parent, that the decision has been made jointly.
Sole decision-making responsibility
Under the Family Law Act a court has power to deal with the allocation of parental responsibility for the making of decisions about major long-term issues in relation to a child.
An order allocating parental responsibility for making decisions about major long-term issues in relation to a child may deal with specific or all major long-term issues.
The area of parental responsibility and decision-making responsibility can be a source of conflict for separated parents. It is important to understand the obligations and responsibilities as they apply to your circumstances.
If you’re facing challenges with co-parenting arrangements or need assistance with family law matters, Gillard Family Lawyers is here to help. Contact us today for compassionate, expert advice to support your family’s journey.
Written by
Matthew Fieldus
Family Law Solicitor
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