A Guide To Parental Responsibility

Parental Responsibility

Parental responsibility is the authority to make decisions concerning and affecting the care, welfare and proper development of a child. Both parents have full parental responsibility for their children up until the age of 18.

Parental responsibility is not affected by a change in the family structure. This means that parents’ are responsible to make short-term and long-term arrangements that are in the best interest of their child, no matter if they are together, separating, divorced or remarried.

Some of the responsibilities and major long-term decisions parents have in relation to bring up their children in relation the family law in Australia are:

• To provide an education, decide where they will go to school
• To provide food, clothing and a place to live
• To provide medical care and make decisions on their medical treatment and health
• To provide financial support
• To protect them from harm
• Religious or culture decisions

Note, parents are not obligated to consult each other on the day-to-day decisions about their child.

Who Can Have Parental Responsibility?

The Court has the power to allocated Parental Responsibility to people other than the child’s biological parents. For example:

• Adoptive parents
• Grandparents, or other family members
• A de facto or step-parent of the child
• A person who lives with the child

Equal Share Parental Responsibility

In Australia, it is presumed that each parent has ‘equal shared parental responsibility’. Parents no matter if they are married or separated are jointly responsible to make the long-term decisions for their child. Even if a child lives with just one parent, the other still holds the same parental responsibilities as the other parent to ensure that their child is correctly cared for.

Related Article: Different Custody Arrangements That Might Work For You

Sole Parental Responsibility

In some circumstances the Courts may make an order for sole parental responsibility. This means that the parent who is awarded sole parental responsibility is the sole decision-maker for the child.

The Courts will always make decisions on ‘what is the child’s best interest?’ as set out in Section 60CC of the Family Law Act 1975. Hence, parents must have an adequate reason for seeking a Sole Parenting Order.

Note: This is general information advice only and does not constitute specific legal advice. If you would like further information in relation to this matter or other legal matters, please contact us on 03 9620 0088 or email info@resolveconflict.com.au