When separated or divorcing parents face decisions about their children’s care, one of the central choices is whether responsibility is shared or held solely by one parent.
In Australia, this debate is framed legally as shared versus sole parental responsibility, not “custody.” The guiding principle is always the best interests of the child.
In this article, we explain these legal concepts, how courts assess them, and what “shared vs sole” means in practice for children and families.
What Is Parental Responsibility Under Australian Law?
Under the Family Law Act 1975 (Cth), parental responsibility refers to the duties, powers, responsibilities, and authority that parents have in relation to children. The Act makes it clear that the best interests of the child must be the paramount consideration in all decisions about children.
Historically, an assumption (or presumption) of equal shared parental responsibility was common in court practice. However, more recent reforms have emphasised that courts must assess each case on its merits, there is no default presumption.
Shared vs Sole Parental Responsibility: What’s the Difference?
- Shared parentalresponsibility means that both parents are involved in decisions about major long-term issues such as education, health, religion, and the child’s long-term living arrangements. It does not necessarily mean equal time with the child; arrangements for where the child lives and time with each parent are considered separately.
- Sole parental responsibility means that one parent (and only that parent) is responsible for making major long-term decisions. This is generally ordered by the court only when shared decision-making is not appropriate, for example, in contexts of significant conflict or where there are concerns about the child’s safety or well-being.
Courts may also make parenting orders that specify who the child lives with (residence) and how much time they spend with each parent, sometimes ordered separately from decision-making responsibility.
How Do Courts Decide What’s Best for the Child?
When making parenting orders, including determining whether shared or sole responsibility is appropriate, the court must prioritise the child’s best interests. Factors considered include things such as:
- The child’s safety, including exposure to family violence, abuse or neglect.
- The child’s views, when mature enough to express them.
- Each parent’s capacity to meet the child’s needs: emotionally, physically, socially, and culturally.
- The benefit of a meaningful relationship with both parents, if it’s safe to allow.
- The ability of the parents to communicate and make decisions jointly.
- Any history of family violence or abuse, and the risk that poses.
Although equal shared parental responsibility was the presumption, courts now assess whether it is in the child’s best interests.
When Sole Responsibility Might Be Ordered
In some instances, sole parental responsibility is considered more appropriate, especially when shared decision-making could be harmful. Situations may include:
- High conflict between parents that impairs decision-making.
- One parent has a history of family violence, abuse, or neglect.
- Impairment in a parent’s capacity to care for the child and make decisions for a child that are in a child’s best interests (i.e. history of making poor medical decisions for the child which otherwise would have been appropriate based on medical advice).
- The child’s welfare necessitates that a single decision-maker act more swiftly.
Even when sole responsibility is ordered, the court may still grant the other parent contact or time with the child, unless that poses a risk.
When Responsibility is Split Up For Different Major Issues
In some situations, the Court may divide parental responsibility between the parents for different aspects of a child’s life. For example, one parent might be granted sole responsibility for decisions about the child’s education, while the other has sole responsibility for decisions relating to major medical or health-related matters. Although this type of “split responsibility” is uncommon, the Court can make such orders where it considers them to be in the child’s best interests.
Practical Impacts on Children and Families
Choosing shared responsibility can support ongoing relationships with both parents, promoting stability and continuity for children. However, if conflict is severe or safety is compromised, insisting on shared decision-making can exacerbate distress.
Sole responsibility may offer clarity and reduce disputes in high-risk cases, but it also places the full weight of decision-making on one parent.
Because of this, many cases result in hybrid or tailored arrangements: shared responsibility for some decisions, and sole responsibility for others.
Role of Legal Representation & Court Support
Engaging a family lawyer helps families navigate the complexities of decision-making responsibilities, strategise for negotiation or court, and frame arguments grounded in evidence and law. Courts also provide resources (procedural guidance, forms, registrars) for those who self-represent, but those supports cannot substitute for legal insight in complex parenting matters.
Summary Table
| Option | Description & Use Case |
| Shared Responsibility | Both parents jointly decide major issues—suitable when cooperation exists |
| Sole Responsibility | One parent makes decisions independently when shared decision-making is unsafe or impractical |
| Mixed Arrangements | One parent is responsible for certain domains (e.g. medical) while both share others |
| Parenting Orders | Court-mandated orders about residence, time, and decision-making responsibilities |
Final Thoughts
From a legal perspective, there’s no inherently “best” choice between shared and sole parental responsibility. What matters most is whether the arrangement meets the best interests of the child in that family’s circumstances. Courts begin with that principle, and legal nuances of each case determine whether shared responsibility works or whether sole authority is called for.
For families navigating these choices, careful legal advice and advocacy play a key role in shaping arrangements that protect children’s well-being, promote stability, and reduce future conflict.
If you’re unsure whether shared or sole parental responsibility is right for your family, contact us for clear advice tailored to your child’s best interests.
