What Is Sole Parental Responsibility?
Sole parental responsibility means one parent has the responsibility of making all long-term decisions for a child.
What is parental responsibility?
Under section 61B of the Family Law Act 1975, parental responsibility covers all the duties, powers, responsibilities and authority which, by law, parents have in relation to their children — including decisions about education, health, religion and relocation. Sole parental responsibility means one parent makes these decisions independently, without consulting the other.
How it differs from 'custody'
Sole parental responsibility is about decision-making power, not the amount of time a child spends with each parent — a parent with sole responsibility may still allow the other significant contact time.
Recent legislative change
The Family Law Amendment Act 2023, effective from 6 May 2024, removed the presumption of equal shared parental responsibility. The court now has greater discretion to determine arrangements based on individual circumstances, with the child's best interests as the primary focus, particularly regarding family violence and safety concerns.
How to apply
File an application with the Federal Circuit and Family Court of Australia; submit an affidavit explaining why joint decision-making is unsuitable; gather evidence such as police reports, medical records, school reports and communication logs; attend Family Dispute Resolution mediation (unless family violence exists); and proceed to a court hearing if mediation fails.
Key case law
McGregor & McGregor [2012] — mother awarded sole responsibility due to the father's domestic violence history. Goode & Goode [2006] — established that sole responsibility applies where shared decision-making is impractical due to high conflict. U v U [2002] — the High Court affirmed that a child's best interests are paramount. Maluka & Maluka [2011] — sole responsibility awarded where a parent cannot make decisions in the child's best interests.
Child support and overseas travel
Child support obligations remain separate and continue regardless of parental responsibility arrangements. A parent with sole parental responsibility typically has authority over international travel decisions, though court approval may be needed if the other parent disagrees.