Yes, applying for sole parental responsibility is typically a last resort for a parent. Generally, courts will urge parents to exercise equal parental responsibility, because this is a primary factor for the their child’s best interests. However, there are times where equal shared parental responsibility is no longer possible.
If courts urge this parenting setup, then why do some parents want sole parental responsibility instead? We need to understand that some divorcing parents will fail at joint decision making for significant long–term issues about their children. Sadly, two main reasons for this is because one parent has a history family violence and abuse.
In cases like this, applying for sole parental responsibility is possible. But how does Australian family law decide on such cases? Is it hard to get? Let’s find out.
What Is Sole Parental Responsibility?
Sole parental responsibility means the decision-making parent will become one. The practical effect of this responsibility is that you can make all major long-term decisions in that particular area of your child’s life, or all areas if that is what is determined in Court, without the need to consult the other parent.
Contrary to popular belief, sole custody and sole parental responsibility were believed to be the same. However, this is not true. Sole custody is an informal term which may mislead a lot of parents thinking that they have full legal ownership over their child.
Sole parental responsibility refers to the complete and unrestricted power and responsibility to make significant long-term decisions about the children. This includes having control over decisions such as:
- The child’s education;
- The religious and cultural upbringing of the children;
- What medical treatments they need;
- The child’s living arrangements; and
- Name changes
Removing the Presumption of Equal Shared Parental Responsibility
The Family Law Act 1975 is the primary legislation that governs family law matters. Back then, the Family Law Act had the presumption of equal shared parental responsibility. However, with recent changes to the legislation, they have removed this. Why?
Both parents and professionals misiniterpreted this term since both mistakenly believed that this presumptions equates to equal care for the child. This created unrealistic expectations and made divorce cases worse during litigation. Parents fought for a non-existent entitlemtn that distracted the family court and families from what can truly contribute to the child’s best interests.
Applying for Sole Parental Responsibility: More Misconceptions About Divorce
Another famous misconception is that mothers have a greater chance to gain sole parental responsibility. In a forum about this topic, women are more adept at the childcare role. Mothers have developed a stronger attachment to them since they’re the ones who gave birth to their child. Moreover, they’re perceived to be more emotionally intelligent and the more reliable parent.
Today, courts and the society continues to also unlearn this misconception. Fathers can also be reliable, emotionally intelligent, and develop attachment for their children. Therefore, instead of fathers assuming or being scared that their wives will get their child after divorce, they must step up and prove they are a good parent.
Removing this misconception can make applying for sole parental responsibility possible.
Did You Know the Family Court Can Help With Parenting Orders?
Parenting orders are court orders that set out a child’s living and care arrangements. Applying for parenting orders should be a last resort after all genuine efforts to resolve the matter have failed about parenting arrangements. Parents who want to opt for this order must first work with a family dispute resolution practitioner.
Aside from parenting orders, the court can also make orders that can protect children family violence and abuse. The court will usually grant such orders if there is a violent parent. You might think that this order will strip off the violent or abusive parent’s rights to see their child. However, they can still see their child but under strict supervision.
It’s important to remember that this is not the main solution to resolve parenting disputes. Family dispute resolution practitioners will strive to have both parties agree on a specific parenting arrangement for their children during mediation. Hence, this is a last resort after all genuine efforts to resolve the matter have failed.
If mediation fails, your case will proceed to a court hearing. On the other hand, you can apply for consent orders if all parties have reached an agreement and want to formalise it.
Applying for Sole Parental Responsibility: FAQs
Q: Do you still receive child support if you have sole responsibility?
A: Yes. Child support still applies, even if you have sole parental responsibility.
Q: Can the other parent withhold your child from you if they have sole parental responsibility?
A: Although similar, sole parental responsibility and custody are different matters. Whether or not and when the other parent can withhold your child from you will depend on the terms of your parenting arrangements.
Q: Are there other people who can apply for parenting orders?
A: Yes. Grandparents or any person concerned for the welfare of a child can also make an application for parenting orders.
Q: What are the chances of getting sole parental responsibility in Court?
A: The Court generally thinks twice before granting sole parental responsibility to a parent or not. As we’ve discussed, it’s better that two parents come to an agreement about major life decisions of the child. If all else fails, the parent applying for sole parental responsibility needs to opt for parenting orders.
Q: I’m afraid that my ex-spouse might take our child out of the country without my knowledge. What can I do?
A: An urgent order can be sought in parenting proceedings if there is a risk that a child may be taken out of the country.
We Can Help With Our Family Dispute Resolution Service
When discussing matters such as applying for sole parental responsibility, it is essential to note that every application for sole parental responsibility will be determined on a basis unique to your particular circumstances. No divorce case is the same as another. That’s why it is important to choose an effective family dispute resolution service.
Our firm at JB Solicitors can make your divorce process as stress-free as possible. Our family dispute resolution service includes mediation sessions that can help parents agree on the perfect parenting arrangement for them.
We have fixed-fee pricing for family law, giving you a clear sense of the costs from the start, and we will be sure to help you out every step of the way. With years of experience under our belt, we pride ourselves on making each client’s family law experience as positive as possible.
Contact JB Solicitors today to speak with one of our friendly and experienced family lawyers.
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