Parenting Responsibilities in Family Law - What You Need to Know

Following separation or a divorce, the determination of parental responsibilities is an important process that centres on the role and duties that parents owe to their children.

Understanding your obligations and rights as a parent is an essential step in ensuring that the best interests of your children come first and foremost. 

What is parental responsibility?

Parental responsibility relates to decision-making about major long-term issues that affect your children’s life. Parent responsibilities include decisions about your child’s name, choice of education, religion or culture, health and living arrangements. 

Parental Responsibility where there is no court order

In cases where parents reach an agreement on their parental responsibility without a court order, section 61C of the Family Law Act holds that both parents will have parental responsibility for children under 18 years of age. Parents can choose to exercise their parenting responsibilities jointly or separately. 

Equal shared parental responsibility – Does it still apply? 

If you wish to seek a parenting order that makes provisions for parenting arrangements, the paramount consideration of the Court is the best interests of the child. Under the Family Law Amendment Act, the Court will make decisions about parental responsibility based on the best interests of the child and the specific circumstances of the case. The Court does not make a presumption of equal shared parental responsibility for the making of major long-term issues and no longer uses the phrase ‘equal shared parental responsibility’ in their orders. 

In determining the best interests of the child, section 60CC(2)(d) sets out the Court’s consideration of parental responsibility as including the parent’s capacity to provide for the child’s developmental, psychological, emotional and cultural needs. The Court also takes into account which parenting arrangements will best promote the safety of the child, the views of the child, and whether it is beneficial for the child to have a relationship with their parents. 

If the Court decides that there should be joint parental responsibility, the parents must make a genuine effort to reach joint decisions about major long-term issues concerning the children. However, parents with joint parental responsibility do not need to consult on minor day-to-day issues, such as the children’s meals or clothing. 

Sole parental responsibility

If the Court determines that joint parental responsibility is not in the best interests of the child, they can make orders for one parent to have sole parental responsibility. In some cases, the parent with sole parental responsibility can make all major long-term decision about the children without consulting the other parent. However, it is important to note that even where one parent has sole parental responsibility, the Court may still order the children to spend time with the other parent. 

Whether you are seeking joint parental responsibility or sole parental responsibility, our experienced family law team at the Norton Law Group can help guide you through this emotional process. If you have any queries about parental responsibility or wish to learn more about your parenting rights, please do not hesitate to reach out to us our expert team of Sydney lawyers today.