Parental responsibility and decision-making
Parental responsibility is about who makes the big decisions for your children, such as where they go to school and what medical care they receive. We help you work out arrangements that are clear and workable.
Start with a free 20-minute discovery call. Meetings across Australia, in person or online.
Day-to-day life is only part of parenting. The decisions that shape a child’s future need a clear process too.
Without court orders, each parent generally has parental responsibility for their children. Arrangements can be agreed, or the Court can decide how major decisions will be made.
Since 6 May 2024, there is no presumption that parents share equal parental responsibility. Every arrangement starts with what is best for your children.
Decisions made with children in mind
Disagreements about schooling, health or religion can be among the hardest parts of co-parenting. A clear process for making those decisions reduces conflict for everyone.
Where it would help, we coordinate support through Florens Psychology & Wellbeing to help parents communicate and make decisions together.
Florens Psychology & WellbeingHow we can assist
Whether you share decisions well or are in disagreement, we help you put arrangements in place that work.
Joint decision-making
Arrangements where both parents consult and make major decisions together.
Learn moreSole decision-making
Orders giving one parent responsibility for some or all major decisions.
Schooling
Disputes about which school a child attends, including private and public schooling.
Health and medical decisions
Consent to medical treatment, vaccinations and therapy.
Religion and culture
Decisions about religious and cultural upbringing.
Changes of name
Advice where a parent wants to change a child’s name.
Day-to-day decisions
Clarifying what each parent can decide while children are in their care.
Parental responsibility is separate from how time is shared. See parenting arrangements.
How decision-making arrangements are made
Most families agree on arrangements. Where they cannot, the Court decides based on the children’s best interests.
Call 1300 739 954Understand the default
Without orders, each parent generally has parental responsibility and can make decisions, which can lead to conflict on major issues.
Identify the major issues
Major long-term issues include education, religious and cultural upbringing, health, a child’s name, and changes to living arrangements that make it harder to spend time with a parent.
Agree on a process
Parents can agree to consult and decide together, or allocate particular decisions to one parent.
Try family dispute resolution
Mediation is generally required before applying to the Court about parenting matters.
Formalise the arrangement
Agreements can be recorded in a parenting plan or made binding as consent orders.
The Court decides if needed
The Court can order joint or sole decision-making about some or all major long-term issues.
“The Team at Franklin Family law are amazing, empathetic and professional. They truly had my best interests at heart and looked after me with care and professionalism.”
Unsure who makes the big decisions for your children?
Talk to our family law team.
What the Court considers
The Court looks at what is best for the particular child, rather than starting from any presumption.
Safety
Whether joint decision-making is safe, including where there has been family violence.
Ability to cooperate
Whether parents can realistically consult and make decisions together.
The child’s needs
The child’s developmental, emotional and cultural needs, and their views where appropriate.
Common questions about parental responsibility
What is parental responsibility?
It is all the duties, powers and responsibilities parents have in relation to their children. In practice, the focus is on who makes major long-term decisions.
Is there still a presumption of equal shared parental responsibility?
No. Since 6 May 2024, that presumption no longer applies. The Court decides what arrangement is in the child’s best interests.
What counts as a major long-term issue?
Education, religious and cultural upbringing, health, a child’s name, and changes to living arrangements that make it significantly harder for the child to spend time with a parent.
What is the difference between joint and sole decision-making?
With joint decision-making, parents must consult and make a genuine effort to agree on major issues. With sole decision-making, one parent can decide without needing the other’s agreement.
Can one parent make day-to-day decisions alone?
Generally, yes. The parent caring for the children at the time makes day-to-day decisions, such as meals and bedtimes, unless orders say otherwise.
What if we cannot agree on a school?
Try mediation first. If agreement is still not possible, the Court can decide which school is in the child’s best interests.
What does it cost?
Your first step is a free 20-minute discovery call, where we listen, explain your options and outline what working with us could look like. If you go ahead, we explain costs clearly at the outset.
This is general information, not legal advice for your situation.
Clear decisions, less conflict.
Whether you are setting up arrangements or in disagreement now, we invite you to start with a confidential conversation about your options.
