Parental Responsibility

Section 61B of the Family Law Act 1975 (Cth) defines “parental responsibility” in the following terms: “in relation to a child means all the duties, powers, responsibilities and authority which, by law, parents have in relation to children.” The Act does not set out a comprehensive list of all the parental powers, duties, responsibilities and authorities that fall within the scope of “parental responsibility.” Whether a particular power, duty, responsibility or authority amounts to a “parental responsibility” is a matter to be determined by reference to the relevant case law.

In general, however, the concept of parental responsibility can be analysed into the more fundamental concepts of “decisions concerning major long term issues” and “decisions concerning day-to-day issues.” Decisions concerning major long-term issues include issues about a child’s education, religious and cultural upbringing, health, name and living arrangements. Decisions concerning day-to-day issues include issues about what a child will wear, the T.V. shows the child may watch, the time at which the child should go to bed, etc.,.

A person with parental responsibility can make decisions concerning major long term issues and day-to-day issues affecting a child. The extent to which that person has parental responsibility in relation to a child gradually diminishes as the child gets older. It ceases altogether once the child is adopted or attains 18 years of age.