A Guide to Sole Parental Responsibility and How to Obtain It

by Special Consel Gavin Lai
Last Update: March 2026

Under the Family Law Act 1975, children have a right to a meaningful relationship with both parents, especially if their parents are separated or divorced. Following amendments to the Family Law Act that came into effect in May 2024, there is no longer a presumption that separated parents will share equal parental responsibility. Instead, the Court will determine parental responsibility arrangements based on the best interests of the child. It is presumed that once a couple separates, they will share equal parental responsibility of their children. However, there are instances where sole parental responsibility can be obtained.

What is Sole Parental Responsibility?

Sole parental responsibility means that one parent has complete responsibility for the major long-term decisions of their children until the age of 18 years. Under Section 4 of the Family Law Act 1975, major long-term decisions include the child’s:

• Education (current and future);
• Religious and cultural upbringing;
• Health;
• Name; and
• Living arrangements.

It is important to note that it is not the same as child custody and does not mean the other parent cannot spend time with their children. Sole custody means a parent wants to have sole parental responsibility and sole care of the child.

How Does it Differ From Equal Shared Parental Responsibility?

Prior to May 2024, the Family Law Act included a presumption of equal shared parental responsibility. This presumption has now been removed. The Court may still order that parents share decision-making responsibility, but this is no longer automatic and will depend on what is in the best interests of the child.

Where parents share decision-making responsibility, they are expected to consult each other and make a genuine effort to reach joint decisions about major long-term issues affecting the child.It does not mean that both parents will necessarily be allocated an equal amount of time to spend with their children.

There is no need for consultation in day-to-day activities such as the child’s bedtime; in this instance, it is up to the parent who has the custody of the child that day to make these decisions.

Shared parental responsibility or joint decision-making may not be appropriate in every situation. Some of the reasons why this may not apply include instances where:

• A parent has abused a child or any other child in the parent’s family or the family of the other parent.
• A parent has been violent or used threatening behaviour to a family member of either parent.

The court must see evidence that it would not be in the best interest of the child for parents to share parental responsibility.

How to Get Sole Parental Responsibility?

The court is generally reluctant to grant sole parental responsibility. However, there are some circumstances where it may be granted.

The court may grant sole parental responsibility if the parents cannot communicate effectively, or they have conflicting views on certain issues – for example health and education. What the court can do is order sole responsibility specifically for these matters.

The best interests of the child will always be a priority to the court. With that in mind, the need to protect any children from physical and psychological harm or exposure to abuse and violence is also a primary consideration. The court may choose to give greater weight to this consideration over a relationship with both parents. Therefore, if one parent is causing harm to the child – physical or psychological – the court will order sole parental responsibility as the solution.

For the Court to provide sole parenting to one parent, that person must provide the Court with full details on all matters relevant to their claim against their former spouse. These details may include any police reports or witnesses to physical or psychological harm and evidence of a total communication breakdown between the parents.

Unsure About Obtaining Sole Parental Responsibility? Request a confidential consultation at a fixed fee

If you believe that you’re in a situation that requires you to obtain sole parental responsibility, we highly recommend you seek legal advice and representation.

Our highly experienced family lawyers in Brisbane offer confidential, no-obligation consultations at a fixed fee, guaranteeing a thorough service regardless of whether it’s an in-person meeting or a Teams call. This fee also covers any subsequent written advice you may need, with no additional charges.