Shared Parental Responsibility and Equal Time
Parental Responsibility – What Does It Mean?
Under Australian family law, each parent automatically has parental responsibility for a child under 18 years of age. This means parents have the duties, powers and authority to make important decisions about their child’s care, welfare and development - including matters such as where the child lives, medical treatment, education and religion.
The Family Law Act 1975 (Cth) (“the Act”) uses the term “parental responsibility” rather than “parental rights” to reflect that these powers exist for the benefit of the child, not the parent. Parental responsibility continues even if the parents separate or re-partner, unless limited or varied by a court order.
Key Change: Removal of the Presumption of Equal Shared Parental Responsibility
Until 6 May 2024, the law applied a presumption that it was in a child’s best interests for both parents to have equal shared parental responsibility (ESPR) - meaning they had to make major long-term decisions together, unless the court decided otherwise.
However, this presumption has now been removed.
Under the Family Law Amendment Act 2023 (Cth), the starting point is no longer an assumption that shared decision-making is in a child’s best interests.
Instead, the Federal Circuit and Family Court of Australia (“Court”) must now make whatever allocation of parental responsibility best promotes the child’s safety and wellbeing, after considering the matters set out in section 60CC of the Act. The focus has shifted from parental equality to the child’s individual needs, protection from harm, and stability.
In many cases, the Court may still decide that it is appropriate for parents to share some or all aspects of parental responsibility - but this is now a discretionary finding, not a legal presumption.
Making Parenting Decisions
Where no Court order exists, both parents still hold parental responsibility and may make decisions jointly or independently, after consulting with the other parent. However, if a parenting order is made, it will set out how decisions about the child’s long-term issues are to be made, whether jointly or by one parent alone.
Examples of major long-term issues include:
the child’s education (both current and future),
the child’s health and medical treatment,
religious and cultural upbringing,
the child’s name, and
changes to the child’s living arrangements that would make it significantly more difficult for them to spend time with the other parent.
If the Court makes orders or one parent to have sole parental responsibility for specific matters, that parent can make those decisions without consulting the other parent.
Equal Time and Substantial and Significant Time
The removal of the presumption of equal shared parental responsibility also affects how the Court considers the time children spend with each parent.
Previously, when the presumption applied, the Court was required to consider whether equal time or substantial and significant time would be in the child’s best interests and reasonably practicable.
Under the current law (from May 2024), the Court is no longer required to consider equal or substantial time as a default step.
Instead, the Court has a broad discretion to make parenting orders that best promote the child’s safety, wellbeing, and meaningful relationships.
When deciding the time a child will spend with each parent, the Court may consider:
the need to protect the child (and their parent or carer) from harm, including family violence, abuse or neglect,
the benefit to the child of having a meaningful relationship with each parent,
the child’s views (depending on age and maturity),
each parent’s ability to provide for the child’s needs, and
any other relevant circumstances.
If it is safe and in the child’s best interests, the Court may still make orders for equal or substantial and significant time, but there is no presumption or obligation to do so.
Best Interests of the Child
The best interests of the child remain the paramount consideration in all parenting matters.
Since 2024, the Act lists six main considerations (section 60CC), with primary focus on:
the safety of the child and their caregivers, and
the benefit to the child of having a relationship with each parent, to the extent it is safe.
This clearer and more concise test ensures that protection from harm outweighs all other considerations.
Practical Takeaways
Every parent automatically has parental responsibility for their child unless a Court order provides otherwise.
The presumption of equal shared parental responsibility has been removed - the Court now decides parental responsibility based on the child’s best interests, with safety as the top priority.
Equal time is not a presumption. The Court will only make such orders if it is safe, beneficial for the child, and reasonably practicable.
The Court has flexibility to make any arrangements that best promote the child’s wellbeing and stability, whether that means equal, substantial, or limited time with each parent.
The focus of modern family law is child-centered, safety-focused, and designed to reduce conflict between parents.
Need Advice?
At Dorter Family Lawyers and Mediators, we provide clear, child-focused guidance on parenting arrangements following separation.
If you have questions about parental responsibility, time arrangements, or family violence concerns, contact our experienced team in North Sydney on Sydney’s Lower North Shore on (02) 9929 8840 or reach out at here to discuss your matter confidentially.
