Parental Decision-Making Responsibility
For many parents going through a separation, there is uncertainty about what arrangements will be in place moving forward for their children. This raises questions about how much time children will spend with each parent, what school holidays will look like and importantly, how long-term decisions for the children are going to be made, particularly if there has been a communication breakdown between parents.
The Family Law Act 1975 provides that subject to any Court Orders and where it is safe to do so, parents should consult each other and make a genuine effort to come to a joint decision when making long-term decisions in relation to children, ensuring that those decisions are child-focused and, ultimately, in the best interests of the children.
Parents can be allocated joint or sole responsibility for decision-making with respect to long-term issues for children (such as, schooling and health decisions). This can be in relation to all or specific major long-term issues.
For day-to-day issues that are not major long-term issues, that may arise while the children are in one parent’s care, there is no necessity for that parent to consult the other parent to reach a decision.
For example, in the case of Lanzing & Balzano, the Court Ordered on an interim basis that the father have sole decision-making responsibility for the children in relation to education, however, must consult with the Mother in writing regarding any proposed education decision and make a genuine effort to come to a joint decision. Failing which, the Orders provided that the father can solely make decisions regarding the children’s education. [1]
Formalising your parenting agreement
Parents who are able to reach agreement with respect to parenting matters can formally document their agreement by entering into a Parenting Plan or Consent Orders. Parenting Plans and Consent Orders can include reference to other matters pertaining to the children, such as:
- whether both short-term and long-term decisions relating to the children will be made jointly by both parents together, or separately by one parent, and whether that involves consulting the other parent
- how much time the children will spend with each parent, including how special occasions like birthdays, Easter and Christmas will be spent with each parent
- whether the children will have telephone calls or FaceTime with one parent when they are not in that parent’s care
- how the parents will communicate, whether that be by text message, email, a parenting application or another form of communication
- what schools the children will attend
What if we can’t agree?
It is common for parents who are unable to reach an agreement for parenting matters through direct negotiations, or via solicitors, to attend Family Dispute Resolution.
Before filing an Application in the Federal Circuit and Family Court of Australia, parents are required to attend Family Dispute Resolution with a registered Family Dispute Practitioner, who is able to issue a Certificate pursuant to Section 60I of the Family Law Act 1975.
Ultimately, if no agreement is reached at the Family Dispute Resolution or if it is deemed inappropriate for parents to attend Family Dispute Resolution, which could be due to family violence concerns or urgency (see our recent article regarding this topic for more information), then parents may have to initiate proceedings in the Court.
Please note that this article is for your information only and is not intended to be legal advice.
If you have any questions or concerns about your family law matter, please do not hesitate to contact our office (by phone 07 3221 4300 or email [email protected]) to make an appointment with one of our family lawyers to discuss your matter and receive advice tailored to your specific situation.
[1] Lanzing & Balzano [2024] FedCFamC2F 1886 (13 December 2024)
