Divorce and separation are increasingly common in Queensland, and with them come complex decisions about children’s care. For many parents, the focus shifts to creating stable, safe, and workable arrangements that serve the child’s best interests.
One legal concept that often arises is sole parental responsibility. This means one parent is given the authority to make major decisions about the child’s upbringing without needing agreement from the other parent.
While this is not the default position under Australian family law, there are circumstances where the courts may consider it necessary. Understanding when and how this responsibility is granted is essential for any parent or guardian facing post-separation decisions.
Please note: this is general information only and not legal advice — please contact VM Family Law for accurate, tailored advice. Our full contact details can be found here: https://www.vmfamilylaw.com.au/contact/
What Is Sole Parental Responsibility?
In Queensland, as across Australia, parental responsibility refers to all the duties, powers, responsibilities, and authority parents have by law in relation to their children.
Under the Family Law Act 1975 (Cth), this responsibility includes both day-to-day and long-term decision-making involved in raising a child. The law presumes that both parents will share parental responsibility equally unless the court decides otherwise.
Sole parental responsibility is when the court grants one parent the exclusive legal authority to make major long-term decisions about the child’s life. This can include decisions about education, medical care, religion, cultural upbringing, and international travel.
This arrangement removes the requirement for joint consultation. One parent can make key decisions independently when the court determines that shared decision-making is not appropriate.
In contrast, shared parental responsibility — the usual legal position — means both parents are expected to consult one another on major matters affecting their child, regardless of where the child lives or how much time they spend with each parent.
However, the presumption of equal shared parental responsibility can be displaced if there are concerns about family violence, child abuse, or where joint decision-making would not serve the child’s best interests. The Family Law Amendment Act 2023 strengthened this focus on child safety, stability, and welfare.
Sole Parental Responsibility vs Sole Custody
Although the terms are often confused, they have different meanings under Australian family law.
Sole parental responsibility refers to who has legal authority to make long-term decisions about the child’s life, such as education or health.
Sole custody (or “primary care”) refers to who the child lives with most or all of the time.
A parent can have sole parental responsibility but still share time with the other parent. Conversely, a parent may have limited decision-making rights but still spend substantial time with the child.
In short, custody relates to where the child lives, while parental responsibility concerns who makes the major decisions.
When Is Sole Parental Responsibility Granted?
Sole parental responsibility is not automatically granted. The Federal Circuit and Family Court of Australia only makes such orders when it is satisfied that shared decision-making would not be in the child’s best interests.
Common situations where sole parental responsibility may be ordered include:
Family violence or abuse: Where there is a history or risk of domestic violence, child abuse, or neglect.
Absence of the other parent: When a parent cannot be located, has abandoned the child, or is entirely disengaged.
High conflict: Where parents cannot communicate effectively and family dispute resolution has failed.
Mental health or substance misuse: When a parent’s condition prevents them from making consistent or safe decisions.
International relocation risk: If there’s a concern that one parent may remove the child from Australia without consent.
Expert recommendations: Where a family consultant, psychologist, or Independent Children’s Lawyer supports the need for sole parental responsibility.
In every case, the court’s guiding principle is the best interests of the child — with particular emphasis on safety, stability, and ongoing relationships with both parents when appropriate.
How to Apply for Sole Parental Responsibility
If you’re seeking sole parental responsibility, the process involves several legal steps. Each case is assessed individually based on evidence and the child’s best interests.
Step 1: Get Legal Advice Early
Before filing any documents, speak to a family lawyer. They can assess your circumstances, explain how the law applies, and determine whether sole parental responsibility is realistic and justified.
Step 2: Attempt Family Dispute Resolution (FDR)
In most cases, parents must first attempt Family Dispute Resolution (FDR) before going to court. This is a mediation process designed to help parents reach agreement without litigation.
If no agreement is reached, you’ll receive a Section 60I certificate, allowing you to file in court. Exceptions apply in cases involving family violence, abuse, or other urgent matters.
Step 3: File Your Court Application
If mediation fails, the next step is filing an application with the Federal Circuit and Family Court of Australia. Required documents typically include:
An Initiating Application
An Affidavit outlining your evidence and reasons for seeking sole responsibility
A Notice of Child Abuse, Family Violence or Risk
Any relevant Parenting Plans, previous Orders, or Family Violence Orders
Step 4: Provide Supporting Evidence
Strong evidence helps the court assess what is in the child’s best interests. This can include:
Police or medical reports
School or counselling records
Family violence orders or intervention orders
Witness statements or reports from professionals
Step 5: Attend Interim Hearings
The court may hold interim hearings to address urgent or temporary arrangements before a final decision is made. These hearings can set temporary custody arrangements or restrictions where needed for safety.
Step 6: The Final Hearing
If the matter proceeds, both parents present evidence and submissions at the final hearing. The judge considers all relevant factors, including parenting capacity, safety risks, and the child’s emotional and developmental needs.
The court may then make Final Parenting Orders, which can grant sole parental responsibility to one parent or make other suitable arrangements.
Step 7: Comply with Court Orders
Once final orders are made, they are legally binding. A parent granted sole parental responsibility has the right to make major decisions about the child’s life — including education, medical treatment, and religion — without consulting the other parent.
However, parenting time or visitation may still occur under separate custody arrangements.
Timeline and Costs
The duration and cost of a case vary depending on its complexity, the level of conflict, and the court’s schedule.
Court filing fee: approximately $400 (subject to change).
Timeline: straightforward matters may resolve in several months; complex or high-risk cases can take 6–12 months or longer.
Legal Aid Queensland or community legal centres may assist eligible parents who cannot afford representation.
Frequently Asked Questions (FAQs)
Can sole parental responsibility be changed later?
Yes. Either parent can apply to vary parenting orders if circumstances change significantly.
Does sole parental responsibility affect child support?
No. Child support is managed separately by Services Australia based on income and care arrangements.
What if the other parent disagrees?
The court considers all evidence and prioritises the child’s best interests above parental disagreement.
Can sole parental responsibility be temporary?
Yes. The court can issue interim orders granting temporary sole responsibility until a final hearing.
Does sole parental responsibility mean no contact with the other parent?
Not necessarily. The child may still spend time with the other parent if it is safe and in their best interests.
Is sole parental responsibility the same as full custody?
No. Sole parental responsibility is about decision-making authority, while custody (care) relates to where the child lives.
Will the court speak directly to the children?
Usually, no. The child’s views may be presented through a family report, counsellor, or Independent Children’s Lawyer.
How can a family lawyer help?
A family lawyer can prepare and file your court documents, gather supporting evidence, represent you in court, and ensure your case focuses on the child’s welfare and complies with legal requirements.
Final Thoughts
Sole parental responsibility is a significant legal step that is only granted when it clearly serves a child’s best interests — particularly in situations involving risk, conflict, or absence of a cooperative parent.
The process can be complex, but with the right legal advice and preparation, parents can present a strong, child-focused case.
If you are considering applying for sole parental responsibility, VM Family Law’s experienced Queensland family lawyers can help guide you through every stage — from dispute resolution to court representation.
Call 07 3447 8966 or visit vmfamilylaw.com.au to discuss your options today.
Official Information Sources
Family Relationships Online – Parental Responsibility and Decision-Making
https://www.familyrelationships.gov.auQueensland Law Society – Family Law Resources
https://www.qls.com.auQueensland Government – Child Custody and Parenting Arrangements
https://www.qld.gov.au/families/legal/child-custody-and-parenting-arrangements
