Clients often ask us the question “what does sole parental responsibility mean”? Sole parental responsibility is in fact a very important concept under family law. In simple words, it means that only one parent has parental responsibility.
This article aims to answer the question “what does sole parental responsibility mean” by exploring the definition, and other relevant aspects related to this topic.
Many divorcing or separating couples with children are concerned about the question “what does sole parental responsibility mean.”
However, before we delve into the topic of sole parental responsibility, let’s first consider what is parental responsibility? Section 61B of the Family Law Act (1975) defines parental responsibility as:
Parental responsibility, in relation to the child, means all the duties. powers, responsibilities and authority, which, by law, parents have in relation to children.
Sole Parental Responsibility: Definition and Legal Framework
Sole parental responsibility is a concept in Australian family law that grants one parent complete authority to make significant long-term decisions about their child’s welfare. This responsibility spans critical areas, including education, health, and cultural upbringing.
When a parent has sole parental responsibility, they do not need to consult the other parent while making important decisions about the child’s life.
More on Parental Responsibility
As per the definition under Section 61B of the Family Law Act (see above), it is the duties that parents have in making short-term and long-term decisions in the child’s life, including aspects such as the child’s education. Until 2024, Australian family law would consider the presumption of equal shared parental responsibility.
This presumption meant that both parents would have responsibility over the children. They would have equal authority to make all day-to-day decisions related to the child. For example, some long term decisions include:
- medical treatment;
- cultural and religious matters;
- child’s education;
- health matters etc.
However, an amendment was passed in October 2023. These changes have been in effect since May 2024. The new framework has removed the presumption of equal shared parental responsibility. The Family Law Act still encourages joint decision making on major long-term issues, unless there are court orders stating otherwise.
Furthermore, while the Family Law Act always gave paramount consideration to the best interests of the child, since May 2024, there are few changes in terms of how courts determine the best interests of the child.
Essentially, Section 60CC of the Family Law Act sets out a simplified version of best interests of the child. Previously, it included primary and additional or secondary considerations under the Section on best interests of the child. Since the 2024 amendment, it consists of six points, including factors like:
- the safety of the child and people who care for the child, considering also any history of family violence or family violence orders
- the capacity of each person who will be responsible for the child to provide for the child’s developmental, psychological, emotional and cultural needs
- the development, psychological, emotional and cultural needs of the child
- the child’s views
- the benefit to the child of having a relationship with their parents, and other people who are significant to them – including grandparents and siblings
- any other factor that is relevant to the particular circumstances of the child.
Read more about the amendments here: https://www.fcfcoa.gov.au/news-and-media-centre/fla2023
What Sole Parental Responsibility Means?
As briefly explored above, granting sole parental responsibility means that only one parent has parental responsibility. Only that parent will have the authority to make all decisions in the child’s life. Notably, courts will grant sole parental responsibility if it deems it to be in the best interests of the child.
The sole parent can make decisions without the consent of the other parent. A parent seeking sole parental responsibility must approach family courts. Courts will then assess the circumstances of the case and make orders accordingly.
You must be wondering, what does sole parental responsibility mean for the child? Under family law, the best interests of the child is always given paramount consideration. Therefore, while the single parent may have all decision-making authority in the child’s life, it does not mean that the child cannot spend time with the other parent.
This is because, one of the considerations under Section 60CC (best interests of the child) of the Family Law Act (1975), is the benefit to the child of having a healthy and meaningful relationship with both parents.
When Might Courts Grant Sole Parental Responsibility?
In serious circumstances that harm the child’s well-being and safety due to the actions or behaviour of one parent, courts may consider granting sole parental responsibility to the other parent. For example, scenarios such as the below can lead to courts giving sole parental responsibility to a parent:
- A parent has abused the child, or abused another child from the family or the other parent’s family.
- He/she has exposed the child to family violence or domestic violence, or caused some harm to the child.
Therefore, it is important for the court to evaluate the evidence before making any binding parenting order.
Is Sole Custody the Same Thing?
Note that, when a parent has sole responsibility over their child, it does not necessarily mean that the child lives exclusively with that parent. In other words, when a parent has sole parental responsibility, the other parent can still visit the child.
Sole parental responsibility differs from sole custody in that it pertains to the authority to make significant decisions for a child, whereas sole custody relates to physical care and living arrangements.
Typically, the only time a parent will not be allowed to visit their child is if the courts have made a no-contact order against them. In this case, that parent cannot have any access to the child. Once again, because the court gives importance to the child enjoying a relationship with both parents, the court rarely makes such no-contact orders. But it may do so if the parent has a history of alcohol abuse, drug abuse, violence or in extremely serious cases such as if the parent has sexually abused the child, or if there is some form of unacceptable risk to the child’s safety.
Ultimately, the circumstances of each family law matter are very different. Therefore, it is always recommended to approach legal professionals to handle such intricacies in your family law matter.
So, When Should You Apply for Sole Parental Responsibility?
Sole parental responsibility is often sought in situations where joint decision-making is not in the child’s best interests. This can include cases where one parent is not involved in the child’s life, one parent is unable to make decisions due to mental or physical incapacity, or there is a history of domestic violence or abuse. The court will consider the best interests of the child when making decisions about sole parental responsibility.
Child Support and Sole Parental Responsibility
Child support obligations are determined separately from parental responsibility. Obtaining sole parental responsibility does not affect child support obligations. Child support will remain in place even if one parent has sole parental responsibility. The amount of child support is determined based on the child’s needs and the parents’ income. The Family Law Act 1975 sets out the rules for calculating child support.
I Want Sole Parental Responsibility For My Child. Will I Need A Lawyer?
Family law is complex and, family law legislation in Australia is extensive. Therefore, building a case for yourself might be difficult. This is especially so in matters related to parenting as the court needs to be satisfied that this will be in the best interests of the child.
Therefore, it is very important to have a family lawyer by your side. Our family lawyers at JB Solicitors will assess your circumstances and propose the best option for you. The firm’s expert lawyers have years of experience under their belt.
By utilising their knowledge, they can chalk out a plan that works best for your case. For single parent matters, you will also need to provide convincing evidence behind the reasons you should obtain sole parental responsibility.
Our lawyers can help you build your family law case such that you reach the best possible outcome for your matter.
If you have more questions on sole parental responsibility or any other family law matter, please do not hesitate to contact us.
