Sole Parental Responsibility
What Is Sole Parental Responsibility?
What does it truly mean when a parent is granted sole parental responsibility? It means that one parent has the exclusive legal authority to make all major long-term decisions about their child’s upbringing without needing to obtain the other parent’s agreement. These decisions often cover crucial matters such as the child’s education, health care, religious upbringing, and significant lifestyle changes.
However, having sole parental responsibility does not necessarily mean that the child will live exclusively with that parent. Living arrangements are a separate matter and will be determined according to what is in the best interests of the child.
When Sole Parental Responsibility Is Granted
Courts in Australia are generally cautious about granting sole parental responsibility, as the law presumes it is usually in the child’s best interests for both parents to share responsibility. That said, there are specific situations where this arrangement may be considered appropriate, including:
Family Violence or Abuse
If one parent poses a serious risk to the child or the other parent, the court may find it necessary to award sole parental responsibility to protect the child’s safety and wellbeing.
Inability to Cooperate
Where there is a long-standing history of high conflict and an inability to make joint decisions, the court may determine that joint decision-making is not feasible.
Best Interests of the Child
Even if none of the above circumstances strictly apply, the court may decide sole parental responsibility is necessary when one parent is consistently absent or disengaged from parenting responsibilities.
Inability to Locate the Other Parent
If a parent’s whereabouts are unknown or they have made no effort to participate in the child’s life, sole parental responsibility may be granted to the available parent.
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Is Sole Custody the Same Thing as Sole Parental Responsibility?
Although the terms are sometimes used interchangeably in everyday conversation, sole custody and sole parental responsibility in Australia are not identical concepts. Sole custody focuses on where the child primarily lives and who has day-to-day care, while sole parental responsibility deals with making important long-term decisions.
Here’s a comparison:
How to Get Sole Parental Responsibility?
Securing sole parental responsibility is not straightforward. It requires a formal court order and compelling evidence that such an arrangement is in the child’s best interests.
1. Understand When It’s Granted
- The court will usually only grant sole parental responsibility if:
- There is evidence of family violence or abuse.
- The parents have a high level of conflict and cannot communicate effectively.
- One parent is missing, unavailable, or disinterested in being involved.
2. Build Your Case
Strong evidence is essential. This may include police reports, medical documentation, witness statements, or proof of the other parent’s inability to make sound decisions.
3. Seek Legal Representation
An experienced family lawyer can assess your likelihood of success, prepare your evidence, and represent you effectively in court.
4. File an Application
With your lawyer’s assistance, you will file the necessary documents in the appropriate family law court. The other parent will be served and given the chance to respond.
5. Court Hearing
The judge will review all evidence and submissions before making a decision. If they grant sole parental responsibility, the order will clearly outline the extent of your authority.
Sole Parental Responsibility Example
In Malcher & Malcher [2016] FamCA 1063, the wife was awarded sole parental responsibility for all major long-term issues concerning the children. The decision was heavily influenced by the husband’s history of domestic violence, ongoing disrespect towards the wife, and inability to communicate constructively. Although the children lived primarily with the wife, they still spent time with the husband during school terms and holidays.
This case illustrates that sole parental responsibility does not automatically exclude the other parent from the children’s lives but ensures one parent can make critical decisions without ongoing conflict.
Sole Parental Responsibility Case
In Robertson & Sento [2009] FamCAFC 49, the court considered whether one parent should have sole parental responsibility for certain areas of a child’s life, such as healthcare and extra-curricular activities. The case highlighted the importance of using correct legal terms under the Family Law Act and the need for judges to fully consider the child’s best interests. The appeal led to a rehearing, reinforcing that sole custody and sole parental responsibility serve different purposes and can be applied in specific areas of decision-making.
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Frequently Asked Questions
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Protecting Your Child’s Future
Whether you are seeking sole parental responsibility or considering the implications of sole custody, the process requires careful preparation and clear evidence. Legal advice is invaluable in ensuring your application addresses the child’s best interests and meets the court’s requirements. A well-prepared case can make all the difference in achieving an outcome that protects your child’s wellbeing.
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