Legal Responsibility of Parents

Parents are required to meet their children's needs and keep them safe. This article discusses family law parenting responsibilities.

What Is the Legal Responsibility of Parents?

What's parental or legal responsibility? It relates to parents' legal duties, responsibilities, and authority over their children. First, it covers all parental decisions for their child. This involves daily choices like:

• what the child eats,
• wears, and
• watches on TV

It also includes long-term decisions concerning the child’s health, education, and religious observance. In Australia, the Family Law Act 1975 (Cth) defines parental responsibility as “all the duties, powers, responsibilities and authority which, by law, parents have in relation to children.”

Both parents usually make long-term decisions for their children, such as where to go to school, health difficulties, and religion.

Parental responsibility assures that parents can make decisions for their child in their best interests. It also means parents must financially support and safeguard their children. 

What Are Some Legal Responsibilities of Parents in Australia?

The legal obligations, rights, and responsibilities of parents in Australia are defined by the Family Law Act 1975 (Cth) and include the following:

Legal Responsibility of Parents:

• The duty to provide financially for the child.
• The duty to protect the child from harm.
• The duty to provide the child with food, shelter, clothing, and access to medical care if they are sick or injured.
• The duty to maintain the child is a primary duty imposed equally on both parents.
• The duty to ensure that the child attends school.
• The duty to ensure that the child is properly cared for and supervised.
• The duty to ensure that the child does not experience family violence or abuse.

What Does the Shared Legal Responsibility of Parents Mean?

A child's parents share legal responsibility for decision-making equally. Subject to court ruling, both parents have parental responsibility for the kid after separation.

The Family Law Act requires both parents to equally make long-term decisions for their children, such as where to go to school, health difficulties, and religious observance. All key long-term decisions for the child must be made jointly by parents. 

If parents can't agree on parenting arrangements, they may need a family dispute resolution practitioner or a court order.

A parenting order governs the child's care, welfare, and growth. The Court may decree equal shared legal responsibility or exclusive parental responsibility, depending on the parent's work, health, and safety requirements for their children.

Note: An October 2023 government bill repealed the presumption of shared accountability. Reforms emphasise the child's best interests, and changes were made to the Family Law Amended Act of 2023, which took effect on May 6, 2024.

Legal Responsibility of Parents: Vicarious Liability

In addition to these basic legal responsibilities, parents may be legally responsible for their children’s actions. For instance, consider these two situations in which parents can be liable for the actions of their children in NSW:

1. Negligence. A parent may be vicariously liable if their child harms someone due to negligent supervision. A parent may be liable if their small child injures someone in public if they leave them alone.
2. Dangerous activities. If a parent lets their child drive without a licence and causes an accident, they may be accountable.

Consult a Family Lawyer

Consult an expert family lawyer for parental responsibility difficulties. A family lawyer can explain your alternatives and represent you in court. 

JB Solicitors can help you navigate the legal system and protect your child’s best interests. Don’t hesitate to contact us and schedule a consultation.