Shared responsibility for kids, often referred to as Shared Parental Responsibility under the Family Law Act, means that parents equally share the decision-making duties regarding major long-term issues concerning their child.
Understanding Shared Parental Responsibility
Under the Family Law Act (the Act), Shared Parental Responsibility provides a fundamental principle for courts when making parenting orders. The core idea is centered on the child's best interests.
The Presumption of Equal Shared Parental Responsibility
The Act establishes a significant presumption:
- When a court is making a parenting order about a child, it must apply a presumption that it is in the best interests of the child for the child's parents to have equal shared parental responsibility for the child.
This presumption means the court starts with the view that parents sharing this responsibility equally is in the child's best interest, unless there are specific reasons why this might not be appropriate (for example, if there are concerns about family violence or abuse).
What Decisions Does This Cover?
Shared Parental Responsibility primarily relates to major long-term issues affecting the child's life. It does not necessarily mean parents spend equal time with the child (that's a separate aspect addressed in parenting orders).
Key areas typically covered by Shared Parental Responsibility include:
- Education: Deciding which school the child attends.
- Health: Decisions about significant medical treatments.
- Religious and Cultural Upbringing: Choices about the child's religious or cultural practices.
- Name: Decisions about changing the child's name.
- Living Arrangements: Agreement on major changes to where the child lives or spends time.
| Area | Examples of Shared Decisions |
|---|---|
| Education | School enrollment, major school choices |
| Health | Major medical procedures, ongoing treatment plans |
| Religion/Culture | Participation in religious practices, cultural events |
| Significant Living Changes | Relocation, changes in primary residence |
Practical Implications
When parents have equal shared parental responsibility, they are expected to consult with each other and make a genuine effort to come to a joint decision about these major issues. It requires communication and cooperation for the benefit of the child.
- Communication is Key: Parents need to discuss important decisions together.
- Joint Decision-Making: Aiming for agreement on major aspects of the child's life.
- Focus on Child's Best Interests: All decisions should be made with the child's well-being as the priority.
Even if the time the child spends with each parent is not equal, the responsibility for these significant decisions is presumed to be shared equally.
