Have you ever wondered what is the sole parent definition in family law? You may have clicked on this article in hopes that one day you can get it for your child. For some, this is wishful thinking. However, this is possible only with specific and extreme circumstances like the other parent being abusive towards the child.
In the early days of family law, the court has the presumption of equal shared parental responsibility. This principle exists to encourage parents in a relationship to make major long-term decisions for their children. However, this was abolished in 2024. This gives parents a chance to have the sole parent status.
A sole parent is the primary carer of the child who takes care of the child without the presence of the other parent. Either a mother or a father can become a sole parent. It is important to note that the child resides with the sole parent permanently. Now, let's define parental responsibility.
Sole Parent Definition: What's Parental Responsibility?
Sole parental responsibility means:
All the duties, legal obligations, responsibilities, and powers that parents have towards their children are collectively referred to as parental responsibility
Under the Family Law Act (1975), there is a presumption that both parents of a child will have equal shared parental responsibility. Equal shared parental responsibility means that both parents will have equal authority to make all short-term and long-term decisions in the child's life. These can include matters such as:
- Short-term decisions - Child's eating habits, and what they wear etc.
- Long-term decisions - Child's education, healthcare, residency, cultural upbringing etc.
According to Section 61DA of the Family Law Act (1975), it is in the child's best interest for both parents to have equal shared parental responsibility.
Parental Responsibility Is Not What You Think It Is
The sole parent definition is similar to the definition of sole parental responsibility. Having parental responsibility does not equate to having more time with a child. A parent can have parental responsibility even if the child does not reside with that particular parent.
For example, if a parent with sole parental responsibility wishes to change the last name of the child, they can do so without needing the consent of the other parent. Moreover, the sole parent is not obligation to discuss any matters regarding the child with the other parent.
Back then, the presumption of equal shared responsibility is crucial for family courts. Hence, there are instances where the court will grant sole parental responsibility to a parent. Now, with the presumption is abolished, courts will give more weight to the child's best interests. Family courts give sole parental responsibility to a parent if the other parent has committed or has a history of:
- Domestic violence
- Physical, psychological, and/or verbal abuse
- Substance abuse (alcohol and drugs)
If the other parent has exposed the child to some form of abuse, or neglect, courts might give sole parental responsibility to the non-abusive parent. However, the abusive parent can still see their child ONLY under strict supervision and if the abusive parents shows their willingness to change their abusive ways.
What Is Sole Custody?
This is another important term to discuss in this article about the sole parent definition. If a parent has witnessed the other parent being abusive towards their child, they can apply for a parenting order. This will grant them sole custody over their child.
In Australian legislation, the term sole "parental responsibility" is used commonly as compared to "sole custody." It is important to note that just because a parent has sole parental responsibility, it does not mean that the other parent cannot visit the child.
It is considered to be in the child's best interests (Section 60CC), for the child to cultivate a meaningful relationship with both his/her parents.
However, another primary consideration under the Section 60CC best interests principle is the need to protect the child against all forms of harm such as abuse, neglect and family violence.
This is why if maintaining contact or having a relationship with one parent puts the child's safety at risk, the family court will give sole custody to the other parent. Sole parental responsibility differs from sole custody. The former focuses on decision-making authority and the latter on living arrangements.
Can I Apply for a Parenting Order?
If you understand the sole parent definition in this article, then yes, you can apply for parenting orders! However, a parent who wants to seek sole parental responsibility or sole custody over a child must provide evidence to the court that it is in the child's best interests. This order is for parents who cannot agree on parenting arrangements anymore and hence will contain provisions for the child's:
- Living conditions
- Time with each parent and with other people (aunts, uncles, grandparents)
- Communication with a parent they won't live with
- Care, welfare, and development for them
Each parent must seek independent legal advice if they want to apply for such orders.
Sole Parent Definition: Family Law Case Study
Wentworth & Wentworth [2019] FamCA 57
In this case, the father sought sole parental responsibility for the child. The mother had made allegations against the father, stating that he had sexually abused the child. During the final hearing of the case, the mother withdrew these allegations of sexual abuse against the father.
The Court found that the father had not abused the child in any way. Moreover, the Court found that the mother poses a risk of causing emotional or psychological harm to the child.
The Court ordered that the child live with the father and that the mother could visit the child. The Court also allowed the mother to have supervised contact with the child, which was to be held in child contact centres.
Dickens and Dickens (No 4) [2019] FamCAFC 203
In this case, the Court made orders stating that the mother has sole parental responsibility. The Courts give due consideration to the opinions and wishes of the children in family law matters.
The children did not wish to spend time with their father due to various reasons. The Judge ordered that the father seek counselling so as to be able to re-establish a healthier relationship with the children.
The Best Legal Guidance for Family Law Matters for You
We hope this article has helped you understand the sole parent definition. Child custody matters are the most stressful matters during a divorce or separation. This is because such cases usually involve court battles and lengthy proceedings. All this adds to the overall stress of a divorce or separation especially when there are children.
For these reasons, it is very important to have trustworthy legal experts by your side when obtaining sole parental responsibility. You can rely on your lawyer to assist you throughout all the complexities that arise in a family law matter.
At JB Solicitors, our family lawyers understand the stress that parties go through. We have a wealth of experience in tackling all matters that fall under family law. This includes property settlement, child custody issues and financial agreements, among others.
Our family lawyers deal with a variety of family law matters on a day-to-day basis. From child support division and property settlement to Wills and estate matters, we at JB Solicitors treat each matter with genuine compassion and professionalism. Our team is dedicated to getting the best possible outcome for your matter.
We value transparency and place our clients above everything else.
Contact our team of family lawyers about the sole parent definition and other family law matters.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
