Shared Parental Responsibility

Section 65DAC(2) of the Family Law Act 1975 (Cth) provides that an order for shared parental responsibility requires decisions concerning major long-term issues affecting the child to be jointly made. It is unclear whether this imposes an obligation upon the parties to jointly decide such issues. For instance, if the parties are genuinely at odds with one another in respect of a major long-term, it would seem manifestly unjust to conclude that both parties would have contravened the order. Moreover, there is no evidence in the Explanatory Memorandum to suggest that s 65DAC(2) creates a binding obligations. It may very well be the case that it is meant to promote a more co-operative approach to parenting, rather than creating a binding legal obligation.

Section 65DAC(3), on the other hand, requires the parties to in relation to whom an order for shared parental responsibility has been made to genuinely consult with one another in relation to any major long-term issues. Contravention of the order would result from either party failing to consult with the other.

An order for shared parental responsibility does not require third parties to establish that a decision concerning a major long-term issues is a joint decision. For instance, a doctor who provides medical treatment to a child need not establish that the relevant individuals jointly decided that the child should receive medical treatment.

Shared parental responsibility does require that the parties consult in relation to day-to-day issues affecting the child. Day-to-day issues include matters such as the child’s bedtime, what T.V. programs they are allowed to watch, what they should eat for breakfast, etc.