Parental responsibility is defined under Section 61 B of the Family Law Act. That is defined as duties, powers, responsibilities and authority, which by law, parents have in relation to the children.
Under the Family Law Act of Australia, both parents have shared parental responsibility for the Children, but this can be altered by way of court order.
If the order for sole parental responsibility is granted. That means one parent has the authority to solely exercise major decision-making about the children. Such examples include health, religion and education for the kids.
It’s very difficult to get an order from the court for sole parental responsibility. And so it’s important to get independent legal advice about the prospects of success of your application. The court must consider the best interests of the children as being the paramount consideration.
How you can get a parental responsibility?
You can do that only by way of a court order. That order can be made by way of agreement or by made by a judicial officer.
It is rare for a parent to agree for another to have sole parental responsibility. So you will likely need to go to court to have your case determined in which case is important to get independent legal advice.