Parental responsibility
Parental responsibility (also known as ‘decision-making power’) is the legal term used in family law to describe the responsibility parents have to care for their child and the power parents have to make decisions about major long-term issues for their child.
For example, decisions about where their child lives, where they go to school, their religious and cultural upbringing, overseas travel, and medical procedures.
Separated parents are encouraged to communicate with each other and try to reach an agreement about their child, if it is safe to do so. This could be done by talking to each other or discussing the issue in writing (for example, by emails or texts). If there has been family violence or abuse this may not be safe, and you should get legal advice about your situation.
What is parental responsibility?
Parental responsibility is the legal term used in family law to describe the responsibility parents have to care for their child and the power parents have to make decisions about major long-term issues for their child. This is why it is often called the ‘decision-making power’.
Who has parental responsibility (or decision-making power)?
Parents have parental responsibility, or decision-making power, for their child until they are 18 years old, unless the court makes an order removing it. A parent has parental responsibility, or decision-making power, for a child even if they never lived with the other parent or re-marry after separation. Each parent can make day-to-day decisions about their child without needing to consult the other parent. For major long-term issues that affect a child, parents are encouraged to talk to each other and make joint decisions, if it is safe to do so. Sometimes this can be challenging after separation, and attending mediation may help.
Changes to the law
Can the Family Court make orders about decision-making?
Yes. The Family Court can make orders about who can decide on major long-term issues for a child that are in the child’s best interests.
The court can make orders for:
- joint decision-making about all or specific issues.
- sole decision-making about all or specific issues.
The court can also make an order giving parental responsibility or decision-making power to a person who is not a parent of the child, if the court is satisfied it is in the child’s best interests. If there are court orders in place about parental responsibility or decision-making power, parents must follow what the orders say.
What if there are no court orders?
If there are no court orders in place about parental responsibility or decision-making power, a parent will not get into legal trouble if they make a decision about a major long-term issue affecting the child without consulting the other parent. But if the other parent starts court proceedings for orders about the child, the court may take this into account in deciding what orders to make.
What is joint decision-making?
Joint decision-making is when the parents (or persons named in an order) must:
- consult with each other when deciding on major long-term issues about a child, and
- make a genuine effort to reach a joint decision.
For example, if one parent wanted to change the child’s school, they would need to talk to the other parent about this before making any changes. If the parents were unable to agree on the issue, they would need to try Family Dispute Resolution (often called mediation) first before asking the court to decide what should happen.
What is sole decision-making?
Sole decision-making is when only one person makes decisions about major long-term issues affecting a child. A person with sole decision-making power does not have to consult with the other parent (or persons named in an order) or get their agreement.
But the person must still follow the orders in place. For example, if there are orders which say the child is to spend every weekend with a parent, the parent (or person) with sole decision-making power cannot relocate with the child to a place that would affect the child’s ability to spend this time with their parent. The person would need the consent of the other parent or a court order.
What is a major long-term issue?
Major long-term issues are issues that affect the long-term care, welfare, and development of a child. This can include the child’s:
- name
- schooling and education
- religious and cultural upbringing
- health and medical procedures
- overseas travel
living arrangements and changes which make it difficult for them to spend time with a parent and other important people.
What are day-to-day issues?
Day-to-day issues are things that come up while the child is with a parent, such as what the child will eat or wear, or activities they will do that day. Parents do not have to consult with each other to make joint decisions about day-to-day issues.
Are joint decision-making and shared care the same thing?
No, joint decision-making and shared care are not the same thing. Joint decision-making is about sharing making major long-term decisions about a child. Shared care is a common term used in family law to describe a child spending equal time with each of their parents.
Every child and family are different, so there are no standard arrangements about how much time they should spend with each parent after separation. Arrangements should be realistic, practical and be focused on the best interests of the child.
More information
Legal Aid WA
- Factsheet: Parental responsibility
- Infosheet: Best interests of children
- Infosheet: Making arrangements for children
- Infosheet: Support for separating parents
Reviewed: 24 October 2025