Parental responsibility in relation to a child means all the duties, powers, responsibilities and authority which, by law, parents have in relation to their children.
Parental responsibility also relates to a parent’s responsibility to make major decisions about long-term issues about a child’s health, schooling, religion and culture.
Pursuant to section 61DA of the Family Law Act 1975, there is a presumption that it is in the best interests of the child for the child’s parents to have equal shared parental responsibility. The presumption does not apply, however, if there are reasonable grounds to believe that a parent of a child has engaged in abuse of the child, or family violence. If the presumption is rebutted then the Court may allocate sole parental responsibility to one of the parents, meaning they then have sole decision-making responsibilities with respect to the children.
If you require further information on parental responsibility, please contact our office via email at swan@swanfamilylawyers.com.au or telephone (08) 8227 1970 for a discussion with one of our friendly solicitors.