Parental Responsibility

Parental responsibility is the accepted term for the parental authority over a child. It is the authority which allows a parent to make major long-term decision in respect of children. Major long-term decisions include things such as education choices, religious upbringing and medical decisions. Major long-term decisions are matters which extend beyond the day-to-day care of children.   

Amendment of Family Law Act

Previously, there was a presumption of equal shared parental responsibility for children, which is now abolished. Instead, the court makes Orders for who has long term decision making authority for a child, which is to be determined by what is in the best interests of the child. In some cases, a Court will order equal shared decision-making authority. In other cases, the Court will Order sole decision-making authority to one parent.

Both parents are considered to have parental responsibility for a child, subject to a Court Order being made allocating the long-term decision-making authority in accordance with what the Court determines to be in the children’s best interests.

Equal Shared decision-making authority

Where there is no Court Order, parents must consult with each other in relation to long-term issues and attempt to jointly reach decisions that are in the best interests of the children.

Where an order for shared decision-making authority is made, parents must consult each other in relation to each decision and make a genuine effort to come to a joint decision.

In some cases, long-term decision-making authority may not necessarily be conferred to either parent, but rather another family member like an aunt, uncle or grandparent.

Sole decision-making authority

The court will make an order for sole decision-making authority if it considers this is in the best interests of the child. This means that the parent may make major decisions affecting the child without consulting the other parent.

Decisions that are not long-term issues

Decisions relating to the day-to-day care of children can be made by a person without long-term decision-making authority. Examples of these decisions include the child’s bedtime, meals, clothing, homework routines, and attendance at social activities while the child is in that person’s care.

Parenting Orders often order children to spend time with a parent who does not have long-term decision-making authority over the child meaning that when this occurs, the person who the child is living with or spending time with is not expected to consult with the person or persons who have sole decision-making authority about day-to-day decisions about the child. Conversely, when major long-term decisions need to be made, the person/s with sole decision-making authority must be consulted.

If you require legal advice or representation in any legal matter, please contact Armstrong Legal.