Important Note: This article provides general information only and is not a substitute for legal advice about your circumstances. Family law matters can vary depending on the facts of each case, so you should seek independent legal advice before making decisions about your rights or legal options.
When parents separate, major decisions about a child can become difficult if communication has broken down or there are concerns about safety, conflict or parenting capacity. In some circumstances, you may believe that important long-term decisions should rest with you rather than require agreement with the other parent.
So, how do you apply for sole parental responsibility? In Australia, parental responsibility covers the duties, powers, responsibilities and authority parents have in relation to their children. A court can allocate responsibility for major long-term decisions through parenting orders.
The law changed on 6 May 2024 when the former presumption of equal shared parental responsibility was removed. The court now approaches parental responsibility by focusing directly on the child’s best interests.
Quick Overview: Applying for Sole Parental Responsibility
If you want sole parental responsibility, you generally need to seek parenting orders that give you authority over specified major long-term decisions or broader decision-making responsibility.
In practical terms:
- You can seek sole responsibility for major long-term decisions.
- There is no longer a presumption that parents must share parental responsibility equally.
- The court assesses the proposed arrangements based on the child’s best interests.
- Evidence should explain why sole decision-making is appropriate for your child.
- Parenting time and parental responsibility are separate issues.
An order for sole parental responsibility does not automatically mean the other parent cannot spend time with the child.
What Does Sole Parental Responsibility Mean?
Parental responsibility refers to the legal duties, powers and authority a parent has in relation to a child. It includes responsibility for making decisions about major long-term issues.
These issues can include:
- education
- health
- religious and cultural upbringing
- other decisions with a significant long-term effect on the child.
Where a court order requires joint decision-making about a major long-term issue, the people covered by the order must consult and make a genuine effort to reach a joint decision.
An order allocating sole responsibility can allow one parent to make specified decisions without first obtaining the other parent’s agreement.
Sole parental responsibility is separate from arrangements about where a child lives or how much time they spend with each parent. Parenting orders can deal with these matters separately.
Does Sole Responsibility Stop the Other Parent From Seeing the Child?
No, not automatically.
A court may decide that one parent should have sole decision-making responsibility while the child continues to spend time with the other parent. The arrangements for a child’s time with each parent depend on the circumstances and the child’s best interests.
Serious safety concerns may affect those arrangements and can result in supervised or restricted time, or in some circumstances no time.
When Might a Court Order Sole Parental Responsibility?
There is no automatic set of circumstances that guarantees an order for sole parental responsibility. A parent may seek sole responsibility where there are concerns about:
- family violence
- child abuse or neglect
- serious and persistent parental conflict
- substance misuse
- an inability to make important decisions together
- one parent’s capacity to participate appropriately in major decisions.
Disagreement between parents does not, on its own, mean that sole parental responsibility is appropriate. The court considers the circumstances and evidence relevant to the child.
What Will the Court Consider?
Since 6 May 2024, the court no longer applies the former presumption of equal shared parental responsibility.
The child’s best interests remain central to parenting decisions. The current framework requires the court to consider matters including the child’s safety, the child’s views where relevant, their developmental, psychological, emotional and cultural needs, each proposed carer’s capacity to meet those needs, and the benefit of relationships with parents and other significant people where safe to do so.
The court must also consider relevant histories of family violence, abuse or neglect.
This means the question is not simply whether one parent should have greater authority. The court considers whether the proposed decision-making arrangement is appropriate for the particular child and circumstances.
How Family Violence Can Affect Parental Responsibility
Family violence can be highly relevant to parental responsibility and other parenting arrangements.
The court must consider relevant histories of family violence, abuse or neglect and any applicable family violence orders when determining parenting matters.
Where family violence is alleged, evidence might include:
- police material
- protection orders
- relevant messages or emails
- medical evidence
- affidavit evidence
- information from child protection authorities where applicable.
The family law system also has mechanisms for courts to obtain information about family violence, child abuse and neglect from relevant agencies.
If there is an immediate safety risk, obtaining appropriate legal and protective advice may be more appropriate than relying on ordinary negotiations with the other parent.
Applying for Sole Parental Responsibility
If you are considering an application, it is important to identify the decision-making arrangements you are seeking and the reasons for them before commencing proceedings.
Identify the Parenting Orders You Need
Consider which decisions are causing difficulty and what arrangements would address the issue.
You may seek sole responsibility for all major long-term issues, or your circumstances may justify a more specific order. For example, the dispute might relate primarily to:
- medical decisions
- school selection
- particular therapeutic treatment
- cultural or religious decisions.
A focused proposal can help show the court how your requested orders respond to the circumstances rather than simply reflect conflict between the parents.
Consider Family Dispute Resolution
Before commencing parenting proceedings, parties are generally expected to attempt Family Dispute Resolution (FDR), subject to recognised exceptions. FDR provides an opportunity to discuss the dispute and determine whether arrangements can be reached without contested proceedings.
Exceptions can apply in circumstances such as family violence, child abuse or urgent matters. If safety concerns exist, you should obtain advice about whether FDR is appropriate rather than assuming you must negotiate directly with the other parent.
Apply for Parenting Orders
If the dispute cannot be resolved, you may apply to the Federal Circuit and Family Court of Australia for parenting orders.
Your proposed orders should clearly state the decision-making responsibility you want the court to allocate. Parenting orders can be made after a hearing or by consent where the parties reach an agreement.
Once made, parenting orders must be complied with by the people affected by them.
The documents required will depend on the circumstances of your case, particularly if you allege family violence, abuse or another risk to the child.
Prepare Evidence for Your Application
Seeking sole parental responsibility is not simply about showing that communication with your former partner is difficult. Your evidence should explain why the proposed arrangement is in your child’s best interests.
Depending on the circumstances, relevant evidence may include:
- affidavit evidence about significant incidents
- communications that demonstrate repeated decision-making difficulties
- medical or school material
- police or family violence records
- evidence of substance misuse where relevant
- reports from appropriately qualified professionals.
Evidence should be factual and proportionate. Avoid broad accusations where specific examples can explain the issue more clearly.
For example, instead of simply stating that joint decisions are “impossible”, explain the major decision involved, what attempts were made to resolve it and how the unresolved dispute affected your child.
Can You Obtain Sole Parental Responsibility by Agreement?
Yes. If both parents agree about decision-making arrangements, they can ask the court to make parenting orders by consent. This may be suitable where both parties recognise that one parent should take responsibility for particular major long-term issues.
Consent Orders can provide greater legal certainty than an informal arrangement because parenting orders are legally enforceable. Legal advice can help ensure the proposed wording accurately reflects the arrangements you intend to put in place.
Common Issues When Seeking Sole Parental Responsibility
A strong application should remain focused on the child’s circumstances rather than the breakdown of the adult relationship.
Common issues include:
- treating parental responsibility as an entitlement
- assuming primary care automatically means sole decision-making
- relying on general allegations without specific examples
- confusing sole parental responsibility with no contact
- asking for broader orders than the circumstances justify.
The court needs to understand how your proposed arrangement will operate and why it supports the child’s best interests.
The Bottom Line
To apply for sole parental responsibility in Australia, you generally seek parenting orders that allocate sole decision-making responsibility for major long-term issues to you.
The court does not start from a presumption that parental responsibility must be shared equally. That presumption was removed on 6 May 2024.
Your application should focus on your child’s circumstances, the decisions that need to be made and why your proposed arrangement is in their best interests. Careful preparation is particularly important where family violence, safety concerns or serious parental conflict form part of the case.
FAQs
Is there still a presumption of equal shared parental responsibility?
No. The presumption of equal shared parental responsibility was removed from the Family Law Act from 6 May 2024.
Does sole parental responsibility mean the child lives only with me?
No. Decision-making responsibility and the amount of time a child spends with each parent are separate matters.
Can sole parental responsibility cover only one issue?
Yes. Parenting orders can allocate responsibility for particular major long-term issues. The appropriate scope depends on the circumstances of the case.
Can the court order sole responsibility where there is family violence?
Yes. Family violence is relevant to parenting decisions, and the court can make orders for sole parental responsibility where the evidence supports the proposed arrangement and it is in the child’s best interests.
Speak With Johnsons Law Group About Parental Responsibility
If you are considering an application for sole parental responsibility, it is important to understand exactly what orders you need and what evidence may support them.
At Johnsons Law Group, we can help you assess your circumstances, prepare appropriate parenting proposals and understand how the current family law framework applies to your case. Whether the issue involves persistent decision-making disputes, family violence, safety concerns or another complex parenting matter, our team can guide you through negotiation, mediation and court proceedings where required.
For advice about sole parental responsibility or other parenting orders, call us on 02 9600 7277 or visit our Contact Us page to arrange a confidential consultation. We can help you take a clear, child-focused approach to the next stage of your matter.
