What’s the Go With Parental Responsibility Now? (Yep, Things Have Changed)

Wait, Didn’t Parents Used to Have Equal Say?

Yeah… they did. Or at least, that was the starting point.

For years, Aussie family law had this built-in assumption: that when two parents separate, they’d automatically share parental responsibility equally. Sounded fair, right? But here’s the kicker — it didn’t always work that way in practice.

Sometimes it made things messier. Confusing. Even downright unsafe.

So, as of 6 May 2024, that whole “presumption of equal shared parental responsibility”? It’s officially out the door.

So What Replaced It?

Okay, let’s unpack it.

Now, instead of jumping to the idea that both parents should share big decisions equally, courts look at what’s best for the child — full stop.

No more starting point. No more automatic 50/50 on major life decisions like schooling, religion, health care and the like.

Each case gets looked at fresh. No assumptions. Just one question: “What’s going to protect and support this kid’s wellbeing?”

It’s kind of a big deal.

But Hang On — What Is Parental Responsibility?

Fair question. Bit of a legal buzzword, that one.

Parental responsibility isn’t about who the child lives with or how many days each parent gets. It’s about who makes the big decisions in the child’s life.

Stuff like:

• Where the child goes to school

• Major medical treatment

• Religious or cultural upbringing

• The name on their birth cert

Day-to-day things — like what the kid eats or bedtime rules — that’s different. That usually falls to whoever the child’s with at the time.

Why the Change?

Honestly? Because the old system was kind of a mess.

It gave this misleading idea that 50/50 responsibility meant 50/50 time, or that separated parents had to cooperate. Even when there was a history of abuse. Or controlling behaviour. Or just deep-seated conflict.

And guess what? That pressure often put kids at risk.

The new laws are trying to fix that. Strip it back. Make it simpler — and safer.

Now, there’s no pressure to co-parent equally if it’s clearly not going to work.

Does That Mean One Parent Gets All the Power Now?

Not necessarily.

It just means courts don’t start with a fixed assumption. They’ll look at the facts. All the facts.

If both parents can work together without drama or danger, then sure — the court might still order shared decision-making. But that’s something they decide after weighing everything up.

No automatic “both parents get a say” anymore.

Here’s Where It Gets Interesting…

Some folks think this means one parent’s getting “cut out.” That’s not how it works.

The focus now is on what’s safe, healthy, and stable for the child.

In cases where there’s been family violence, coercion, or even just relentless arguing? Courts can now make orders that reduce conflict instead of forcing cooperation.

Basically, it’s moving away from a one-size-fits-all model. Which, frankly, was long overdue.

Real Talk: What Happens If You Already Have Orders?

Good news — the new laws don’t magically wipe out existing parenting orders.

If you’ve already got orders in place, they still stand. But if you're going back to court — say, asking for a change — that’s when the new rules kick in.

So, yeah… worth checking in if you’re thinking of revisiting anything.

Are There Any Other Big Changes?

Yep — a few.

For starters, the court now has to consider the child’s safety and views more clearly.

Not just as part of a long list of things, but as key priorities.

Also, there's more focus on cultural identity, especially for Aboriginal and Torres Strait Islander children. Making sure their culture, language and connections aren’t lost in the shuffle.

One more thing? Courts now have better guidance on when to change parenting orders — like if a kid’s circumstances have seriously shifted or the old orders just aren’t working anymore.

What About Family Dispute Resolution?

Still part of the picture.

Parents are generally expected to try family dispute resolution (FDR) before heading to court. But here’s the rub — it’s not always appropriate.

In cases involving abuse or serious risk, you can be exempt. That hasn’t changed.

So What Does This Mean for You?

If you're separating — or already have — and trying to figure out who decides what for the kids? You’ll want to think about:

• What’s actually best for the child

• Whether equal decision-making is realistic

• How much conflict is in the mix

It’s no longer about “fair” between parents. It’s about safe, stable and child-focused.

That shift can feel a bit jarring at first. Especially if you thought equal shared responsibility was the default. But in practice? It might just take some pressure off.

Pro Tip: Don’t Rely on Google or Your Mates

Family law’s gone through some serious rewiring lately. And what your cousin went through in 2018 might not match what you’re dealing with now.

This area’s a bit of a legal maze — and honestly, a misstep can cost time, money, or worse, stress on the kids.

Best thing you can do? Chat to someone who knows the ins and outs.

If you’re navigating a parenting dispute, get in touch with a family lawyer who’s across the changes — someone like Frigo James Legal.

They’ll help you work out what options actually make sense for your situation.

---

FAQs

Does this mean I can’t have shared parenting anymore? Nope — you still can, if it’s in the child’s best interest. But it’s no longer assumed.

Will these changes affect my current parenting orders? Only if you’re applying to change them. Otherwise, existing orders stay as they are.

Do courts now favour one parent over the other? Not at all. The court looks at the individual facts — the focus is just more squarely on safety and wellbeing.

Is equal time with kids still a thing? Yes, but it’s not linked to parental responsibility. Time and decision-making are now treated more separately.

What if my ex and I just can’t agree on anything? That’s exactly the sort of situation these new laws are built for. The court can now make tailored orders without forcing cooperation that clearly won’t work.

---

Disclaimer: This article is general information only and doesn’t constitute legal advice. For advice tailored to your situation, speak to a qualified family lawyer.