What makes a parent apply for a sole parental responsibility order? Reasons include safety concerns, inability to co-parent, substance abuse, mental health conditions, or abandonment or neglect. Thus, a parent can apply for a court order that will legally allow a parent to be solely accountable for the children’s long-term decisions.
Additionally, a sole parental responsibility order involves having control over the child’s religion, medical care, school attendance, and food. This order implies complete and total accountability for all significant life decisions until the children reach eighteen. This article will explain how to get a sole parental responsibility order in detail.
What Is Parental Responsibility?
Section 61B of the Family Law Act 1975 sets out the duties and authority parents of children under 18 have over their children. Australia’s family law system upholds equal shared parental responsibility
This means both parents of the child will share equal responsibility for the day to day decisions.
Equal shared parental responsibility doesn’t mean both parents will spend the same amount of time with the child.
A parent may only see their child on special occasions. Examples of these are birthdays, Christmas and school holidays, depending on the living arrangements. Parental responsibility means both partners are jointly responsible for major long term decisions such as:
- Cultural development
- Medical attention;
- The child’s name;
- Religious beliefs;
- Cultural education;
- Health matters, and
- Educational concerns
Remember, “equal shared parental responsibility” means the “distribution” of parental duty for a child. This doesn’t mean both parents will get the same amount of time with the kids.
A sole parental responsibility order may only apply to certain aspects of the child’s life. For example, one parent may be awarded sole custody of the child’s education and religious activities, and all other aspects of parenting may be shared.
Who Is Eligible to Apply for a Sole Parental Responsibility Order?
You don’t need to be divorced or separated to apply for a sole parental responsibility order. The child’s parents can get this order even if they are still married or living together. Notably, grandparents also have the right to apply for a sole parental responsibility order.
If you want sole custody you must file an application for a Parenting Order with the Federal Circuit Court of Australia. You must show the presumption of equal shared parental responsibility is not in your child’s best interests. There must be evidence they may suffer physical or emotional harm.
Applying for a Sole Parental Responsibility Order
Applying for a sole parental responsibility order is secondary because the law requires that the parties must first make a genuine effort to agree on a parenting plan.
Here’s a brochure from the Federal Circuit and Family Court of Australia (FCFCOA) on what you should do before filing an application. For a more illustrative explanation, here’s a flowchart of the Pre-Action Procedures in the FCFCOA.
If you’ve reached an agreement, you can formalise it and make it legally binding by applying to the FCFCOA for consent orders.
If you don’t reach an agreement, you can now file an application to the court so it can issue a sole parental responsibility order. Here’s how:
- Seek legal advice from a family law solicitor.
- File the Initiating Application form electronically on the Commonwealth Courts Portal.
- Select a court date and print the documents for service.
- Serve the filed documents on the other parties.
If you need guidance in filing an application, you should seek assistance from a family law expert.
Having a Sole Parental Responsibility Order
Getting sole custody of your child is possible for parents. To do this, you must file for a sole parental responsibility order with the Family Court of Australia. In general, the court will only award you exclusive possession if it’s in the child’s best interests.
They will take into account the nature of the child’s connections with you and the other parent. Additionally, the court will determine if there are reasonable grounds to suspect child abuse. Moreover, they can assess if there is a danger of psychological injury or child abuse.
Acquiring a sole parental responsibility order means you may make decisions concerning the child’s future without the other parent’s consent. A passport application for the child may be one of these decisions. Any decision made concerning the kid is solely the duty of the parent with exclusive parental responsibility.
Small & Small (2016)
In a recent case, the family court gave the mother exclusive custody due to aggravating factors. The court took into account a number of factors. This includes the fact that the father did not spend much time with the children.
Furthermore, there was evidence of domestic violence and sexual abuse subjected to the children. Because the children had unique needs, the court determined that living with their mother was in their best interests.
Parenting Orders
You must apply for a parenting order with the Family Court of Australia to get exclusive parenting duty. A parenting order is a legal document that describes the parenting arrangement your kid has with the other parent.
A parenting order can be established after a court hearing. Parents can also formalise an agreement with a consent order. Applying for such orders can be time-consuming when dealt with alone, so it’s necessary to seek legal advice.
In applying for parenting orders, the court essentially considers the best interests of the child. This means that the court will take into consideration the child’s safety, views, developmental needs, and their relationship with the parents and other significant people.
Get Family Law Advice from JB Solicitors
We believe that every child should not experience family violence. The process can even get more difficult when applying for parenting orders. That’s why at JB Solicitors, we’ll walk you through the proper procedures for acquiring these orders.
Our seasoned lawyers are experienced in dealing with parenting orders for the right parent. Moreover, we can also prepare legal documents for you and represent you in court hearings if deemed necessary.
Reach out to JB Solicitors today. Lastly, you can also watch our video below to learn more about applying for full custody of your child.
Last updated: 19 March 2025
