Florens Florens Integrative Family Law
Expertise

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.

Sophie Pettigrew listening to a client

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.

A father reading a picture book with his young daughter

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 & Wellbeing

How we can assist

Whether you share decisions well or are in disagreement, we help you put arrangements in place that work.

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.

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  1. Understand the default

    Without orders, each parent generally has parental responsibility and can make decisions, which can lead to conflict on major issues.

  2. 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.

  3. Agree on a process

    Parents can agree to consult and decide together, or allocate particular decisions to one parent.

  4. Try family dispute resolution

    Mediation is generally required before applying to the Court about parenting matters.

  5. Formalise the arrangement

    Agreements can be recorded in a parenting plan or made binding as consent orders.

  6. 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.”

ClientWritten under our previous name, Franklin Family Law.

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.

Privacy

Privacy policy

Updated October 2026

SJ Law Pty Ltd trading as Florens Family Law (“Florens Family Law”, “we”, “us”, “our”) is committed to protecting your privacy. This policy explains how we collect, use, disclose, store and protect your personal information, and how you can access or correct it.

We are bound by the Australian Privacy Principles (APPs) in the Privacy Act 1988 (Cth). As solicitors, we also owe you duties of confidentiality and protect legal professional privilege. A copy of the APPs is available from the Office of the Australian Information Commissioner at www.oaic.gov.au.

What personal information we collect

Personal information is information or an opinion about an identified individual, or an individual who is reasonably identifiable. Depending on your matter, we may collect:

How we collect it

Where reasonable and practicable, we collect personal information directly from you, in meetings, phone and video calls, emails, forms and through our website.

We may also receive information from others where this is needed for your matter, including the other party or their lawyers, courts, barristers, expert witnesses, family report writers, mediators, financial institutions, government agencies and other professionals you have authorised us to contact. If we receive information about you from someone else, we will take reasonable steps to let you know.

Family law matters often involve information about people who are not our clients. We handle that information with the same care, and only for the purposes of the matter.

Why we collect, use and hold it

If you choose not to provide information we reasonably need, we may not be able to act for you.

We only use sensitive information for the purpose it was provided, for a directly related purpose you would reasonably expect, with your consent, or where required or authorised by law.

When we disclose it

Subject to our professional obligations, we may disclose personal information:

We do not sell personal information.

AI-assisted tools

We use artificial intelligence (AI) tools to help us work efficiently, for example to draft and review documents, summarise material, assist with research and transcribe meetings. These tools support our lawyers. They do not replace legal judgement.

Overseas recipients

Some of our service providers may store information on servers outside Australia. Where that happens, we take reasonable steps to make sure your information is protected in a way consistent with the APPs. Otherwise, we will only send your personal information overseas with your consent, where it is needed for your matter (for example, where there are overseas assets or an international parenting issue), or where required by law.

Marketing and communications

From time to time, we may send you information about our services, insights and events, or promotional material from our trusted referrers or related entities within the Florens Group. We only use your contact details for this, never information about your matter, and we do not pass your details to other organisations for their own marketing. You are welcome to opt out at any time, by using the unsubscribe link in any of our emails or by letting us know.

Our website

When you use our website or enquiry forms, we collect the details you choose to give us. Our website may also use cookies and analytics tools to understand how the site is used, such as which pages are visited. This information does not identify you, and you can turn cookies off in your browser settings.

How we store and protect it

We take reasonable steps to protect personal information from misuse, interference, loss and unauthorised access, modification or disclosure. This includes secure electronic systems with access controls and multi-factor authentication, and secure storage of any paper records.

We keep client files for at least seven years after a matter ends, or longer where the law or the nature of the matter requires. After that, we securely destroy or de-identify the information.

If a data breach occurs that is likely to result in serious harm, we will notify you and the Office of the Australian Information Commissioner as required under the Notifiable Data Breaches scheme.

Accessing and correcting your information

We take reasonable steps to keep your personal information accurate, complete and up to date. Please let us know if anything changes or is incorrect.

You can ask to access the personal information we hold about you by contacting us in writing. We may need to confirm your identity first. There is no fee to make a request, but we may charge a reasonable fee for providing copies.

In limited circumstances permitted by the APPs, we may refuse access, for example where it would unreasonably affect another person’s privacy, where the information relates to existing or anticipated legal proceedings, or where giving access would be unlawful. If we refuse, we will explain why in writing.

Questions and complaints

If you have a question or complaint about how we handle your personal information, please contact our Privacy Officer:

Florens Family Law
reception@florens.com.au
1300 739 954

We will aim to respond within 30 days. If you are not satisfied with our response, you can contact the Office of the Australian Information Commissioner on 1300 363 992 or at www.oaic.gov.au.

Changes to this policy

We may update this policy from time to time. The current version is always available on our website.

Website disclaimer

The information on this website is general in nature and is not legal advice. Family law outcomes depend on individual circumstances, so please get advice about your own situation before acting on anything you read here. We aim to keep content current, but we cannot guarantee it is accurate or complete at the time you read it.

Using this website, or contacting us through it or by email, does not create a solicitor-client relationship. That relationship begins only once we have confirmed in writing that we will act for you. Please do not send confidential or sensitive documents until we have confirmed that we can act for you.

Links to other websites are provided for convenience. We are not responsible for their content or their privacy practices.

To the extent permitted by law, we exclude liability for any loss arising from use of this website or its content. Liability limited by a scheme approved under professional standards legislation.