Parental responsibility

Who has parental responsibility?

Parents have parental responsibility for their child until they are 18 years old, unless the court makes an order removing it. This responsibility is not affected by relationship changes. This means that parents still have parental responsibility for their child after they separate even if they re-marry. It also does not matter if they never lived together.

It is possible for the court to make an order giving parental responsibility for a child to a person who is not their parent. If you are a non-parent wanting these types of orders, you should get legal advice about your situation.

Changes to the law

Until recently, there was a legal presumption in all family law cases that it was in the best interests of a child for their parents to share parental responsibility unless there had been family violence or abuse or the court considered it was not in the best interests of the child A ‘legal presumption’ is when the law assumes something is true unless evidence is given that proves otherwise. The presumption regarding parental responsibility no longer applies.

Who can make decisions if there are no court orders?

Each parent can make day-to-day decisions about their child. For major long-term issues that affect a child, the law encourages parents to talk to each other and make joint decisions, if it is safe to do so. If you do not consult the other parent when making decisions about major long-term issues and there are no safety issues preventing you from talking to the other parent, you will not get into legal trouble because there are no court orders in place. 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.

If you are worried about your safety, or unsure about your situation, you should get legal advice.

Who can made decisions if there are court orders?

Court orders will usually say who has decision making powers for the child. Parents must follow what the orders say.

The court can make orders for:

• joint decision-making about all or specific issues – this is where parents must make decisions together, and
• sole decision-making about all or specific issues – this is where one parent makes the decisions (the parent must still make sure they follow the other orders about their child which are in place).

What is a major long-term issue?

Some examples of major term issues include:

• your child’s education,
• your child’s religious and cultural upbringing,
• your child’s health,
• your child’s name,
• changes to your child’s living arrangement which make it more difficult for the child to spend time with both parents and other important people in their life.

Day to day issues such as what your child will eat and the clothes they will wear are usually not major long-term issues and parents do not need to make joint decisions about these issues. 

Is equal shared (joint) parental responsibility and shared care the same thing?

No, equal shared parental responsibility and shared care are not the same thing. Equal shared parental responsibility 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 is different, so there are no standard arrangements about how much time children should spend with each parent after separation. Arrangements should be realistic, practical and be focused on the best interests of the child.

More information

• Fact sheet: Parental Responsibility
• Infosheet: Making arrangements for children
• Infosheet: Support for separating parents

Reviewed: 27 March 2025