Family Law: Parental Responsibility (noun)

Parental Responsibility (noun): the legal duties, powers, responsibilities and authorities that parents have towards their children.

While many people think ‘parental responsibility’ is just about being a responsible parent, this is not the case in family law. In family law, parental responsibility is about the legal obligations and rights parents have in relation to their children. This includes both day to day decisions (eg. Meals and clothing) and long term decisions (eg. Education, health, and religion).

When the Court makes an order relating to children, it is presumed that parents will have “equal shared parental responsibility”. This means that they cooperatively make long term decisions together while the day to day decisions are decided by the parent currently caring for the child at a particular time.

Importantly, a parent can have equal shared parental responsibility for their child without spending equal time with the child as the other parent. The court will make Orders about how much time the child spends with each parent according to the child’s best interest, taking into account a number of considerations. Parental responsibility protects a parent’s broader interest in having a say in their child’s upbringing.

Factors that can cancel this presumption include abuse, family violence, drug use, current care arrangements, finances, moral issues and criminal behaviour. If one or more of these factors is at play, “sole parental responsibility” may be ordered. Unlike “equal shared parental responsibility”, only one parent is responsible for the major long term decisions under “sole parental responsibility”. The conditions of the day to day decisions remain the same.

If you have a family law matter, concerns about how to get a family law property settlement or questions about family law and separation in NSW and want to find out more please do not hesitate to contact us on 9688 6023 or email us at info@franklegal.com.au.

 This article is provided to the reader for general information. It is not legal advice. It was written by Andrea Spencer & Emily Graham and edited by James Frank.

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