Navigating parental responsibility and decision-making responsibility after a relationship breakdown can be challenging, for both parents involved. If you’re seeking clarity on how significant decision making occurs under Australian law, particularly with recent changes this year, you’re certainly not alone.
This blog will help you understand what equal shared parental responsibility and joint decision-making responsibility means, how the new legal amendments introduced in May 2024 could affect your rights, and what options are available to ensure the best outcomes for your child.
What Is Parental Responsibility or Decision-Making Responsibility?
Parental responsibility refers to the duties, powers, and authority parents have over their child’s welfare, development, and well-being.
This includes making critical decisions around education, health, and religious upbringing. In Australia, both parents generally share this responsibility unless a court order states otherwise, reinforcing each parent’s role in their child’s life.
How Does Australian Family Law View Parental Responsibility?
Under Australian law, parental responsibility or decision-making responsibility is viewed as an important right and duty that continues even if parents separate. Up until recently, the law presumed that equal shared parental responsibility was usually in the child’s best interest when parents separated. However, significant changes were introduced on 6 May 2024.
As of this date, the legal presumption of equal shared parental responsibility will no longer automatically apply in cases where parents were married. This presumption will still apply for parents in de facto relationships in Western Australia, although it is anticipated that, in time, this change will extend to de facto couples as well. These changes reflect the evolving understanding that each family’s needs are unique and require a tailored approach rather than a one-size-fits-all presumption.
What Is Equal Shared Parental Responsibility or Joint Decision-Making Responsibility?
Equal shared parental responsibility means that both parents have an equal say in making major long-term decisions about their child’s life.
It doesn’t mean that children will automatically split their time equally between both parents, but rather that each parent has an equal voice in important matters impacting their child’s development and welfare.
Is Shared Care and Equal Shared Parental Responsibility the Same Thing?
No, shared care and equal shared parental responsibility are not the same thing.
Shared care refers to the physical time a child spends with each parent, which may vary based on each family’s circumstances and the child’s best interests.
Equal shared parental responsibility, on the other hand, is about decision-making rather than time spent. It signifies a legal arrangement where both parents jointly make key decisions, even if the child lives primarily with one parent.
What Is Sole Parental Responsibility or Sole Decision-Making Responsibility?
In cases where one parent is deemed unfit or unable to be involved in decision-making, a court may award sole parental responsibility to one parent.
Sole parental responsibility gives one parent exclusive authority to make long-term decisions about the child’s life, without needing the other parent’s consent.
Usually, the Family Court will make this decision only when it’s in the child’s best interest, such as in cases of family violence, substance abuse, or situations where cooperation between parents is not feasible.
Can I Get a Parenting Order in Relation to Parental or Decision-Making Responsibility?
If you and your ex cannot agree on care arrangements and decision-making when it comes to your children, you can apply to the Family Court for a Parenting Order. This means the Court will decide on how parental responsibilities will be allocated and will define each parent’s rights and responsibilities.
A Parenting Order can cover things like where the child will live, how much time they spend with the other parent/family members, how parents should make major life decisions and any other decision related to the care, development and general welfare of the child.
This provides a structured, legally binding arrangement that prioritises the child’s well-being and can be more practical for families where joint decision-making just isn’t feasible.
Understanding parental responsibility and recent changes to Australian family law can help parents make informed decisions.
If you’re facing family law issues and need guidance on your rights and responsibilities, Hickman Family Lawyers is here to help.
Book a free 15-minute information call with one of our experienced divorce lawyers or child custody lawyers in Perth. We can help you navigate this complex area with confidence.
