What is Sole Parental Responsibility, and when is it Granted?
Key takeaways
After a separation or divorce, thinking about the best parenting arrangement for your children is one of the most formidable parts of the process. In parenting disputes, it is one of the most critical yet sometimes confusing concepts. So, what is sole parental responsibility? When do the Courts grant sole parental responsibility? And how is it different from sole custody? Let’s examine this topic.
What is Sole Parental Responsibility?
Sole parental responsibility simply refers to one parent having complete responsibility for their children’s major long-term decisions, usually until they are 18. These decisions include a child’s health, religious and cultural upbringing, current and future education, name, and living arrangements.
Sole parental responsibility is separate from child custody. Sole parental responsibility means the other parent can still spend time with their children. Instead, sole custody is where a parent has sole care and responsibility for a child.
If you’re considering getting sole parental responsibility and need funds, this is where JustFund can help you. If you’re getting divorced or separated and need to consider your children’s needs, a loan from JustFund can give you the freedom necessary to negotiate the best deal for your children.
Parental responsibility: Family Law Act amendments
An amendment to the Family Law Act in 2006 presumed that, after separation, each parent has equal shared responsibility. So, when they make long-term decisions about their children, both parents have to make a genuine effort to consult each other. However, equal shared parental responsibility did not necessarily mean that both parents would get an equal amount of time to spend with their children, which often created confusion.
A further legislative change, the Family Law Amendment Act 2023, now brings more essential changes to how the Court thinks about parental responsibility. Effective from 6 May 2024, the Court has removed the 2006 presumption. Instead, the Court has more discretion to get the best arrangement for each child based on their case’s specific circumstances. This amendment is more focused on the best interests of the child, especially in cases of family violence or other safety concerns.
How is sole parental responsibility different from equal shared parental responsibility?
One thing equal shared parental responsibility isn’t for is minor day-to-day things like a child’s bedtime. Instead, the parent who has custody of the child that day makes these decisions.
As well, shared responsibility does not apply in every situation. The court needs to know that it’s in the child’s best interest to get shared responsibility. This includes instances of a parent having abused a child or any other child in their or the other parent’s family, or a parent being violent or using threatening behaviour to a family member of either parent.
How does a parent obtain sole parental responsibility?
Typically, the Court prefers not to grant only sole parental responsibility. That said, there are some situations where sole parental responsibility seems like the best option.
Both parents need to communicate effectively about the decisions they make. So, if they cannot do this, this is one situation where the Court may grant sole parental responsibility. Other scenarios include the parents having conflicting views on health or education. In this situation, the Court can order sole responsibility specifically for these things.
The child’s best interests are always the top priority for the Court. This means protecting children from psychological and physical harm, as well as from witnessing abuse and violence. So, the Court may give greater weight to this type of protection, rather than the child having a relationship with both parents. The Court will order sole parental responsibility if one parent is causing psychological or physical harm to the child.
For the court to give sole parenting to one parent, that person needs to provide the Court with full details on all relevant matters for the claim against their former spouse. These details could include police reports, witnesses to physical or psychological harm, or even evidence of total communication breakdown between the parents.
If you are in a situation where you need to obtain sole parental responsibility, we recommend you seek legal advice and get representation from a lawyer. At JustFund, we do not fund parenting matters on their own. However, if you need to fund the cost of a parenting and property matter, you can apply for a line of credit with us and repay it when you reach your final settlement.
How does solo parental responsibility affect child support?
Many parents wonder whether sole parental responsibility affects child support. The basic answer to this question is that the Courts determine child support obligations completely separately from parental responsibility. So, any existing child support obligations stay in place regardless of a parent’s sole parental responsibility.
Can I bring a child to a different country?
A parent with sole parental responsibility usually has the authority to decide whether a child can travel internationally. However, if the child’s other parent disagrees with the travel, the parent with sole parental responsibility may need court approval to bring the child out of Australia. Urgent legal action may be required if a parent takes a child out of the country without a court order or the other parent’s consent.
Sole parental responsibility is one of the many complex parts of navigating a separation or divorce involving children. Whether you are thinking about divorce or separation, having the right information to hand is what’s important. If you need financial assistance to tackle legal fees, consider contacting JustFund. We are here to help facilitate your journey toward resolution.
For more information about applying for funding and to explore your options, fill out our form or contact us directly at enquiries@justfund.com.au or 1300644980. We encourage you to reach out if you’re currently navigating a divorce or considering your options. We’re here to help you understand and manage the financial aspects of your separation.
