Family Law & Divorce

Parental Responsibility

In plain English

The legal authority and duties parents have to make major long-term decisions about their child, such as schooling, health and religion.

What it means

Parental responsibility under the Family Law Act 1975 (Cth) refers to all the duties, powers and authority parents have for their children, particularly major long-term decisions about matters like education, health, religion and where a child lives. By default, each parent has parental responsibility. Following 2024 reforms, there is no longer a presumption of "equal shared parental responsibility"; instead, courts decide what arrangement is in the child's best interests. Parental responsibility is about decision-making, and is separate from how much time a child spends with each parent.

How it's used

The orders gave both parents joint parental responsibility, meaning they had to consult each other before changing the children's school.

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