Key Takeaways

• The Family Law Act 1975 no longer presumes that parents automatically share equal parental responsibility. Since May 2024, arrangements are decided on a case by case basis.
• The best interests of the child, particularly their safety, are the court’s central consideration in every parenting matter.
• Parental responsibility (decision making) and living arrangements (time spent with each parent) are legally separate concepts.
• Parents are generally expected to attempt mediation or Family Dispute Resolution before applying to court.
• Agreed arrangements can be formalised as Consent Orders to make them legally enforceable.

When married couples divorce or de facto couples separate, the well-being of their children is governed by the Family Law Act 1975 (Cth). Reforms that commenced on 6 May 2024 removed the previous assumption that parents automatically share equal responsibility for their children. Parenting arrangements are now worked out according to each family’s individual circumstances, with the emphasis firmly on what is in the best interests of the children involved.

Families are expected to resolve any differences and agree on arrangements for their children wherever possible. If they cannot agree, a judge will make a decision based solely on the children’s best interests. Our parenting arrangements service can help you document a plan or apply for orders that suit your family’s situation.

Equal Shared Parental Responsibility Explained

Parental responsibility refers to the legal duties, powers and responsibilities a parent has for decisions affecting a child’s welfare. Since the May 2024 reforms, the law no longer presumes that parents must share long term decision making equally. This applies to decisions about a child’s education, medical care, religious and cultural upbringing, and name changes.

A shared responsibility arrangement does not mean an automatic equal split of decision making. It is based on what is genuinely best for each child. The court places a heavy focus on each child’s safety, particularly where there is evidence of neglect, family violence or abuse, and there is no longer any requirement to consider equal or substantial time with each parent as a default step.

How the Law Defines the Best Interests of the Child

The Federal Circuit and Family Court of Australia (FCFCOA) must prioritise the best interests of children when making parenting decisions, guided by section 60CC of the Family Law Act 1975. Key considerations include:

• Protecting each child from violence, abuse, neglect or any other form of harm.
• Evaluating each child’s needs and a caregiver’s capacity to meet those needs.
• Considering the child’s own views, giving weight according to their age and maturity.
• Assessing the benefit of safe, meaningful relationships with parents, grandparents and other significant people.
• Taking into account any other factors relevant to the specific family.
• For Aboriginal and Torres Strait Islander children, protecting their right to connect with family, community, culture and language.

Parental Responsibility vs Living Arrangements: What’s the Difference?

Australian family law draws a clear line between parental responsibility and living arrangements, and confusing the two is one of the most common misunderstandings separating parents have.

Aspect	Parental Responsibility	Living Arrangements
What it covers	Legal decision-making rights and duties	How much time a child spends with each parent
Typical decisions	Education, medical treatment, religion, name changes	Day-to-day care, routine and household
Can it be equal?	May be shared or given solely to one parent	Ranges from equal care to time with one parent mainly
Main focus	Long-term decision making	Ongoing day-to-day care

In short, parental responsibility is about who makes long-term decisions, while living arrangements are about where a child sleeps and spends their time. A parent can have shared parental responsibility without an equal time arrangement, and vice versa.

What Happens When Parents Disagree

If parents cannot agree on long-term issues such as education, healthcare or religion, the legal system expects them to try to resolve matters amicably first. Family Dispute Resolution (FDR) is a structured mediation process designed to help separating parents reach an agreement without going to court. Parents can also visit a Family Relationship Centre to obtain the certificate the court requires before most parenting applications can proceed.

If agreement still cannot be reached, an application is made to the FCFCOA. The court may award decision-making responsibility to one parent or allow it to be shared, with the judgment based entirely on the safety and welfare of the children. Exemptions from attending mediation apply in cases involving family violence or urgency, though parents must still obtain information about the services available to them.

Formalising Arrangements Through Consent Orders

Once parents reach an agreement, whether informally, through mediation, or as part of a parenting plan, that agreement carries more legal weight when it is formalised into Consent Orders. Consent orders are approved by the court and become legally binding, giving both parents certainty and a clear enforcement pathway if arrangements are later breached.

An Application for Consent Orders sets out the agreed parenting arrangements, and, if the arrangements are genuinely in the best interests of the children, they are made final without either parent needing to attend court. For the best chance of approval, the application and supporting documents need to be drafted correctly, with no omissions or vague wording that could see the orders sent back by the Registrar.

Frequently Asked Questions

What is parental responsibility under Australian family law?

Parental responsibility is the legal authority and duty to make major long-term decisions for a child, such as education, medical care and religious upbringing. It is separate from how much time a child spends with each parent.

Does shared parental responsibility mean equal time with each parent?

No. Since the May 2024 reforms, there is no presumption linking shared decision-making responsibility to equal time. Time arrangements are decided separately, based on what is practical and in the child’s best interests.

What happens if parents cannot agree on a parenting arrangement?

Parents are generally required to attempt Family Dispute Resolution first. If that fails, either parent can apply to the Federal Circuit and Family Court of Australia, which will decide based on the child’s best interests.

How do I make a parenting agreement legally binding?

A parenting plan is a written agreement but is not enforceable in court. To make an arrangement legally binding, parents need to apply for Consent Orders, which are reviewed and approved by the court.