Sole Parental Responsibility in Australia: When One Parent Makes the Decisions

"Sole Custody" Is Not the Legal Term

Australian family law does not use the word "custody" in its legislation. What most people mean when they say "sole custody" is a combination of two separate legal concepts: sole parental responsibility (the authority to make major long-term decisions about the child without consulting the other parent) and a primary care arrangement where the child lives mostly or entirely with one parent.

These are distinct orders. A parent can have sole parental responsibility for decision-making while the child still spends time with the other parent on a regular schedule. And a child can live primarily with one parent while both parents share decision-making on major issues. The court treats them as separate questions.

What "Sole Parental Responsibility" Actually Covers

Parental responsibility refers to the authority to make decisions about major long-term issues affecting the child. Under the Family Law Act 1975, these include decisions about education (which school the child attends), religious and cultural upbringing, major health decisions (surgery, medication, psychological treatment), the child's name, and changes to the child's living arrangements that make it significantly more difficult for the child to spend time with a parent.

Day-to-day decisions — what the child eats for dinner, what time bedtime is, whether they can go to a friend's house — are made by whichever parent is caring for the child at the time, regardless of who holds parental responsibility.

When one parent has sole parental responsibility, they can make all of those major decisions without needing to consult or obtain agreement from the other parent. This does not mean the other parent has no relationship with the child. It means they do not have decision-making authority on the big questions.

When Courts Grant Sole Parental Responsibility

Before 6 May 2024, the Family Law Act contained a presumption of equal shared parental responsibility, which meant courts started from the position that both parents should share major decisions. That presumption was repealed by the Family Law Amendment Act 2023.

Under the current framework, there is no default assumption either way. The court simply asks what arrangement is in the child's best interests, using the six Section 60CC factors (safety, child's views, developmental needs, parental capacity, significant relationships, and any other relevant circumstance).

Sole parental responsibility is more likely to be ordered when there is a history of family violence, the other parent has been absent from the child's life for an extended period, one parent has a serious substance abuse issue or untreated mental health condition that impairs their decision-making, communication between the parents has broken down so completely that joint decision-making is unworkable, or one parent has consistently made decisions that put the child at risk.

The court does not grant sole parental responsibility as a reward or punishment. It is a functional assessment: can these two parents make joint decisions about their child, or would requiring them to do so harm the child?

How to Apply

You apply for a sole parental responsibility order through the Federal Circuit and Family Court of Australia (FCFCOA). For a contested application, unless an exemption applies (family violence, child abuse, or urgency), you must generally make a genuine effort through Family Dispute Resolution with an accredited practitioner and obtain a Section 60I certificate before filing. A consent application is exempt from filing a certificate.

Your application should include a proposed parenting order specifying sole parental responsibility, along with evidence supporting why shared decision-making is not in the child's best interests. This might include family violence intervention orders, police reports, medical records, or evidence of the other parent's inability or unwillingness to participate in decisions.

If you and the other parent agree that one of you should hold sole parental responsibility, you can file consent orders through the Commonwealth Courts Portal rather than going through a contested hearing. The court registrar will review whether the arrangement serves the child's best interests before approving it.

Sole Responsibility Does Not Mean No Contact

One of the most common misconceptions: being granted sole parental responsibility does not automatically reduce the other parent's time with the child. The court can order sole parental responsibility for one parent and still order regular, meaningful parenting time for the other.

The question of who makes the decisions and the question of where the child spends their time are handled separately. A parent who struggles with decision-making may still be a loving, capable caregiver during their scheduled parenting time.

The Victoria Child Custody & Parenting Plan Guide walks through the full process of applying for parenting orders — including sole parental responsibility — with worksheets to help you prepare your proposal and a step-by-step filing checklist for the FCFCOA.

See more Victoria guides →