Practical Guide to Parental Responsibility by Brisbane Separation Lawyers

Any parent will know the huge amount of responsibility involved in having a child. It might sound cliché, but you will often hear parents telling couples that “your life will never be the same again” after having children.

The responsibility for making decisions for your children (until they become independent adults) is defined in family law as “parental responsibility”. Parental responsibility relates to decisions in relation to the day-to-day care of the child, as well as the bigger decisions for children. Those decisions include decisions which relate to the child’s health, education, religion, where they live and the child’s name. Another way of thinking about these decisions is that they are decisions that relate to the “major long-term care and welfare of the child”. We’ll call them the ”major” decisions in this blog for easy reference.

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Why Are Major Decisions Important in Family Law?

When parents are in a relationship, a common arrangement is that both parents have responsibility for the child when the child is in their care but they often make “major” decisions together.

Alternatively, one parent may take on the “major” decision-making role, while letting the other parent know what is happening. Reasons for this could be due to convenience, or for a variety of other reasons.

Do I Need Separation Lawyers?

A question you might ask is, who has the right to make day-to-day and “major” decisions for the child following separation? The answer is that both parents continue to have those rights. Both parents continue to have shared parental responsibility for the child.

Parents receive this responsibility as soon as their child is born, regardless of whether a parenting plan or parenting order is in place. On a practical level, this means that parents can continue to make both day-to-day decisions for their children as well as “major” decisions for their children after separation, without necessarily having to consult the other parent. There is a qualification however that statement…. so we recommend you keep reading!

Are There Any Legal Implications?

The only way to change this joint and several right, is to enter into a parenting plan or parenting Order that varies it.

Where there is a dispute over who should make the major decisions, it is important to note that the family law “presumes” at first instance, that both parents should share parental responsibility.

In Goode v Goode, the Court made it very clear that before a parenting plan or parenting order is made, parents can make the major decisions together or separately. However, after a parenting plan or parenting order has been implemented for shared parental responsibility, parents must consult with each other and agree on any major decisions regarding their child before they take any action.

My Ex-Partner Should Not Be Allowed to Make Decisions for Our Child

What are the matters that can rebut the presumption of shared parental responsibility? Child abuse of their own or another child, family violence and parental incapacity. It must usually be very serious before a Court agrees that parents should not share the responsibility for making decisions for their children.

You may see plans or orders that provided for “equal” or “joint” shared parental responsibility when describing that parental responsibility is to be shared equally between parents. However, the law states that shared parental responsibility means that the major decisions must be made jointly. Which means jointly. Which means equally. You only need to include the word “equally” if you’re in a contested case about parental responsibility with one party seeking sole parental responsibility and the other seeking that it be “equal”. Shared parental responsibility is only going to be specified as “equal” shared parental responsibility by a Court, if there has been a contest, the presumption has been tested but not rebutted.

Summary

Parents share responsibility for their child before a parenting plan or parenting order is issued, both jointly and severally. It is important to note that even though parents may have the right to make decisions for their children without consulting each other during this time, we recommend that parents in the interests of their children should always consult each other and try to make decisions jointly.

Once you have a parenting plan or parenting order in place providing for shared parental responsibility, the major decisions must be made jointly.

If there is no agreement between parents about a major decision for their children, and mediation has failed to resolve the dispute, then parents should first apply to the Court for assistance in making the decision.

Drafting a Parenting Order or Parenting Plan

Our Brisbane Separation Lawyers can help you with the technicalities and drafting. If you need help with a parenting order or parenting plan, you should get in touch with LGM Family Law today. We’ll provide you with a free 15-minute phone consultation and you may also book a fixed fee initial consultation.

Practical Guide to Parental Responsibility by Brisbane Separation Lawyers

Why Are Major Decisions Important in Family Law?

Do I Need Separation Lawyers?

Are There Any Legal Implications?

My Ex-Partner Should Not Be Allowed to Make Decisions for Our Child

Summary

Drafting a Parenting Order or Parenting Plan

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