Parental Responsibility and Children's Rights Under the Family Law Act

Under the Family Law Act 1975 (Cth), children have the right to be cared for, and parents hold the responsibility to ensure their well-being. The Act emphasizes the importance of making decisions that serve the best interests of the child, which is the guiding principle in all parenting arrangements and orders.

Presumption of Shared Parental Responsibility

The Family Law Act presumes that shared parental responsibility is generally in the best interests of the child. When a court issues a parenting order, it specifies whether parental responsibility is to be shared or otherwise.

In cases of shared parental responsibility, both parents must:

1. Jointly Make Decisions on Major Long-Term Issues:

   • These include decisions about education, health, religion, and significant cultural matters.
   • Proper consultation and genuine effort to agree are required between parents.

2. Day-to-Day Decisions:

   • Decisions relating to everyday matters, such as meals or homework, are the responsibility of the parent with whom the child is spending time.
   • These decisions do not require consultation with the other parent.

Encouraging Co-Operative Parenting

The Act promotes a co-operative and less adversarial approach to parenting. Parental responsibility can be shared between two or more individuals, encouraging collaboration for the child’s benefit. While shared responsibility for long-term decisions is prioritized, it acknowledges that parents may not always agree.

Best Interests of the Child

The best interests of the child are the primary consideration in all decisions and are determined based on two categories:

1. Primary Considerations:

   • The child’s right to have a meaningful relationship with both parents.
   • The need to protect the child from physical or psychological harm, including exposure to abuse, neglect, or family violence.

2. Additional Considerations:

   • The child’s expressed views and maturity level.
   • The child’s relationship with each parent and other significant individuals (e.g., siblings, grandparents).
   • Each parent’s willingness to encourage the child’s relationship with the other parent.
   • Practical aspects, such as the impact of living arrangements, financial considerations, and the time the child spends with each parent.

Parental Responsibility Until 18 Years of Age

The Family Law Act requires both parents to share responsibility for their child’s welfare, care, and development until the child reaches the age of 18. Parenting arrangements and decisions must consistently prioritize the child’s well-being over the parents’ personal preferences or disputes.

Balancing Responsibility with Flexibility

While the Act establishes clear guidelines, it allows for flexibility to accommodate unique family dynamics. If shared responsibility is not feasible due to safety concerns or other factors, the court may assign sole parental responsibility to one parent.