A One Stop Shop for Family Law in Australia
To learn basic information about parental responsibilty and what will apply if there is no Parenting Order or the Court is not being asked to make Parenting Orders, read our fact sheet What is Parental Responsibility & what Order will a Court make.
It is only if the parents cannot agree and decide upon parenting arrangements for their Children that the Family Court may make a Parenting Orders to say which parent has what parenting responsibilities.
In 2006, amendments were made to the Family Law Act, part of which was to introduce a presumption of “equal shared parental responsibility”.
If you are successful in rebutting the presumption of Equal Shared Parental Parental Responsibility, the Court might instead consider imposing an Order for Sole Parental Responsibility.
The Court may make an order for sole parental responsibility for a Child in relation to all major long term issues for a Child or in relation to one or more of the "big 5" major long term issues.
To understand when Sole Parental Responsibility might apply and what is involved in rebutting the presumption of Equal Shared Parental Responsibility, see our fact sheet When will Sole Parental Responsibility apply.
We explain what the presumption means and what it involves in our fact sheet What is Equal Shared Parental Responsibility.
To find out if Equal Shared Parental Responsibility might apply to your situation, read our fact sheet Will Equal Shared Parental Responsibility apply.
What type of parental responsibility Order the Court makes determines:
You may also need to know the information contained in our fact sheets:
Other Questions answered in the Parental Responsibility & Child's Time with each Parent Sections
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