Shared parental responsibility (now referred to as joint decision-making on major long-term issues) is a fundamental concept in Australian family law, particularly under the Family Law Act 1975. This principle is crucial in ensuring that children’s best interests are upheld following family breakdowns. This article explores the concept of shared parental responsibility, its implications, and how it impacts parenting arrangements in Queensland.
What is Shared Parental Responsibility?
Shared parental responsibility refers to the legal duty of both parents to make decisions about their child’s long-term welfare. This responsibility covers major long-term issues such as education, health, and religion. Under the Family Law Act 1975, this principle is intended to promote the child’s best interests by involving both parents in critical decision-making processes.
Parental responsibility in relation to a child means all the duties, powers, responsibilities, and authority that parents, by law, have in relation to children.
Each parent has parental responsibility, subject to court orders.
Equal Shared Parental Responsibility
Equal shared parental responsibility means both parents have an equal say in significant long-term decisions affecting their child’s life. This does not necessarily mean equal time with the child but rather a balanced approach to decision-making. The Family Court emphasises that equal shared parental responsibility is vital for ensuring both parents are involved in significant decisions.
As indicated above, these terms have been superseded, and the court and the legislation now refer to parental responsibility and whether parents have joint decision-making on major long-term issues or sole decision-making on major long-term issues.
If parents make joint decisions on major long-term issues, they are required to consult with each other and make a genuine effort to reach a joint decision.
Long-Term Decisions and the Child’s Best Interests
When determining long-term decisions, such as schooling or medical treatments, the child’s best interests are paramount. The Federal Circuit and Family Court will consider each parent’s capacity to make these decisions and their ability to work together in the child’s best interests. This consideration also involves assessing any long-term issues affecting the child’s well-being.
The court no longer has to presume that it is in the best interests of the child for the parents to make joint decisions about major long-term issues.
A parenting order may provide for joint or sole decision-making in relation to all or specified major long-term issues. For example, the order may provide for sole decision-making in relation to health issues but joint decision-making in relation to all other major long-term issues.
Decision-Making and Day-to-Day Decisions
While shared parental responsibility covers major long-term decisions, day-to-day decisions are usually made by the parent with whom the child primarily lives. These day-to-day decisions include aspects such as daily routines and minor health decisions. The Family Law Act 1975 provides a framework for resolving disputes over both significant and day-to-day decisions.
Can A Parent Move Interstate With My Child?
Federal Circuit and Family Court Orders and Consent Orders
In cases where parents cannot agree on major long-term decisions, the Federal Circuit and Family Court may issue court orders to resolve these disputes. Consent Orders are agreements made by parents and approved by the Federal Circuit and Family Court. These orders are legally binding and can address various aspects of parenting arrangements, including decision-making responsibilities.
The Role of the Federal Circuit and Family Court
The Federal Circuit and Family Court of Australia are crucial in handling family law matters, including disputes over shared parental responsibility. This court can make binding decisions based on the Family Law Act 1975 principles, ensuring that the child’s best interests are prioritised.
Major Long-Term Issues and Parental Responsibility
Major long-term issues include decisions about the child’s education, health, and religion. The Family Law Act 1975 mandates that each parent has responsibility for these decisions (unless ordered otherwise), ensuring neither parent has unilateral control over significant aspects of the child’s life. This approach aims to provide a balanced perspective and protect the child’s welfare.
Cultural Needs and Child Protection – What Is In The Best Interests Of The Child?
When making decisions about a child, it is essential to consider their cultural needs. The Family Law Act 1975 recognises the importance of cultural considerations, particularly in diverse Australian communities. Additionally, the safety of the child is a critical concern, and any evidence of domestic violence or child abuse will be taken into account when making parenting arrangements and when considering parental responsibility.
Legal Advice and Family Law Proceedings
Seeking legal advice is crucial when navigating family law proceedings related to shared parental responsibility. Lawyers specialising in family law can guide how to manage parenting matters, including drafting parenting plans and understanding court orders. The Australian Law Reform Commission and legislative changes, such as the Family Law Amendment Bill 2023, continually influence family law practices and policies.
Parenting Plans and Parenting Arrangements
A parenting plan is a written agreement outlining how parents will manage parenting arrangements. This plan can include details about decision-making responsibilities, the child’s living arrangements, and time with the other parent. While not legally binding, a well-drafted parenting plan can be valuable in managing shared parental responsibility. If there is any dispute and the court is asked to make a decision then the court must have regard to a parenting plan.
Shared parental responsibility is a crucial aspect of Australian family law, ensuring both parents are involved in significant decisions affecting their child’s life. Understanding this concept and its implications can help parents navigate family law matters more effectively.
For personalised advice and support, please consult with our team of family lawyers to address specific concerns and ensure that your child’s best interests are always prioritised.
