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 comes into play is sole parental responsibility. This means that one parent is given the authority to make major decisions about the child’s upbringing without needing the agreement of 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 difficult post-separation choices.
Let’s take a closer look at what sole parental responsibility really means in Queensland, who it applies to, and how the process works under current family law frameworks.
Need help applying for sole parental responsibility? Speak with Queensland family lawyers at VM Family Law who understand the legal steps and documentation required to build a strong case. Call 07 3447 8966 or visit vmfamilylaw.com.au.
What Is Sole Parental Responsibility?
In Queensland, as with the rest of Australia, parental responsibility refers to all the duties, powers, responsibilities, and authority that parents have by law in relation to their children.
Under the Family Law Act 1975, this responsibility covers both the day-to-day and long-term decision-making involved in raising a child. The law assumes that both parents will share this responsibility equally unless the court determines 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. These decisions may include education, medical treatment, religious or cultural upbringing, and matters involving international travel.
This arrangement removes the need for joint agreement, giving one parent the right to make these decisions independently.
By contrast, shared parental responsibility, the default position under the Family Law Act, means both parents are expected to consult one another on important decisions about the child’s life.
This applies regardless of where the child lives or how much time they spend with each parent. This does not mean equal time with each parent, but rather equal input on big-picture matters.
The presumption of equal shared parental responsibility can be set aside if there are concerns about family violence, abuse, or if joint decision-making isn’t in the child’s best interests. The Family Law Amendment Act 2023 strengthens this focus on the child’s safety, welfare, and well-being.
In short, sole parental responsibility shifts all significant decision-making power to one parent when shared input is deemed inappropriate or unworkable by the Court.
Get clarity on parental rights. VM Family Law’s trusted Queensland family lawyers can help you understand your position and assist with applications for sole parental responsibility where your child’s best interests are at risk. Contact us at 07 3447 8966 or visit vmfamilylaw.com.au.
Sole Parental Responsibility vs Sole Custody
Although the terms are often used interchangeably, sole parental responsibility and sole custody have distinct meanings under Australian family law.
Sole parental responsibility refers specifically to who has the legal authority to make major long-term decisions about a child’s life, such as education, health care, and cultural or religious upbringing.
In contrast, sole custody (or more accurately, sole care or primary care) refers to the child’s living arrangements; essentially, it is who the child lives with most or all of the time.
A parent can have sole parental responsibility but still share care time with the other parent, and vice versa. The key distinction is that custody is concerned with physical care, while parental responsibility pertains to legal decision-making.
When Is Sole Parental Responsibility Granted?
Not every parenting dispute leads to sole parental responsibility being ordered. The court considers it only when there’s a clear reason why shared decision-making wouldn’t serve the child’s best interests.
Here are some common situations where the court may grant sole parental responsibility:
- Family violence or abuse: If there’s a history or ongoing risk of domestic violence, child abuse, or neglect, the court will likely move away from shared responsibility to protect the child.
- Absence of the other parent: If one parent has abandoned the child, cannot be located, or is entirely disengaged from the child’s life, sole parental responsibility may be considered appropriate.
- Ongoing high conflict: In cases where parents are unable to cooperate or communicate effectively, and attempts at family dispute resolution have failed, the court may find shared parenting unworkable.
- Mental health or addiction concerns: If a parent’s mental illness or substance misuse affects their ability to make safe and consistent decisions, the court may limit or remove their legal authority.
- International relocation or abduction risk: Where there’s a concern that one parent may unlawfully take the child overseas, especially in breach of the Hague Convention, the court may assign sole decision-making to the more stable parent.
- Court or agency recommendations: Evidence from a family report, independent children’s lawyer, or family consultant may support a sole responsibility order in specific cases.
Each case is unique, and the Federal Circuit and Family Court of Australia will weigh all relevant factors, always prioritising the child’s safety, stability, and emotional well-being.
Don’t face family court alone. With deep experience in Queensland’s custody laws, our Queensland family lawyers provide end-to-end support for parents seeking sole parental responsibility. Start the process by calling 07 3447 8966 or visiting vmfamilylaw.com.au.
How to Apply for Sole Parental Responsibility
Here’s a simplified breakdown of each step when applying:
1. Get Legal Advice Early
Before doing anything else, speak to a family lawyer. They’ll help you understand your rights, how parenting orders work, and whether sole parental responsibility is likely to apply to your situation.
Early legal advice ensures your case is well-prepared and considers risks like child safety, child custody, or existing Court Orders.
2. Attempt Family Dispute Resolution (FDR)
In most cases, you’re legally required to try family dispute resolution before applying to court. This is especially true if you’re trying to change custody arrangements or update an existing parenting plan.
If no agreement is reached, you’ll be issued a section 60I certificate, which allows you to proceed to court. Exceptions apply in cases involving family violence orders or child abuse concerns.
3. Prepare and File the Application
If FDR doesn’t lead to resolution, the next step is filing your case with the Federal Circuit and Family Court of Australia. You’ll need to submit:
- An Initiating Application
- A detailed Affidavit with evidence
- A Notice of Child Abuse, Family Violence or Risk
- Any existing parenting plan, custody orders, or Court Orders
These documents help the court assess your current parenting arrangements and determine what changes, if any, are needed.
4. Include Supporting Evidence
To strengthen your case, include relevant materials such as:
- Police reports or medical records
- Evidence of child support payments or issues
- School or counselling reports
- Previous family violence orders
All of this helps demonstrate why sole parental responsibility supports the child’s well-being better than shared care.
5. Attend the Interim Hearing
Once your application is reviewed, the court may set an interim hearing. This is a temporary stage where the judge makes short-term decisions on things like custody arrangements, supervised contact, or safety measures.
In high-conflict cases, the court may appoint a family consultant or independent children’s lawyer to gather more information before issuing final custody orders.
6. Prepare for the Final Hearing
If your matter doesn’t settle early, it will proceed to a final hearing. Here, both parties present evidence, and the court considers everything, parenting capacity, risk factors, and what’s truly in the child’s best interests.
The judge will then decide whether sole parental responsibility is appropriate or if alternative parenting orders should be made.
7. Follow the Court Orders
After the court’s final decision, binding Court Orders will be issued. If you’re granted sole parental responsibility, you have the legal right to make all major decisions about your child’s life.
This includes choices around education, medical care, religion, and other long-term matters, without needing the other parent’s consent.
However, even with sole responsibility, you may still need to support ongoing child custody arrangements or child support obligations based on the child’s time with the other parent.
Timeline & Costs
Costs vary based on whether you hire a family lawyer or qualify for help through Legal Aid Queensland. Court filing fees are around $410, with full matters sometimes taking 6 to 12 months or longer, depending on complexity and evidence.
Delays are common in high-conflict or high-risk cases involving child safety, family violence orders, or relocation issues.
Let us handle the legal heavy lifting. From filing applications to appearing in court, VM Family Law’s Queensland family lawyers ensure your parental responsibility case is clear, compliant, and child-focused. Call now: 07 3447 8966 or visit vmfamilylaw.com.au.
Frequently Asked Questions (FAQs)
Can sole parental responsibility be changed later?
Yes. If circumstances change, either parent can apply to the Court to vary the parenting orders.
Does sole responsibility affect child support?
No. Child support is assessed separately by the Child Support Agency based on care percentages and income.
What if the other parent disagrees?
The Court will evaluate both sides and prioritise the child’s best interests.
Can sole parental responsibility be temporary?
Yes, interim orders can be made while the final decision is pending.
Does it mean the child won’t see the other parent?
Not always. The Court may still allow supervised visitation or structured time.
Is sole responsibility the same as full custody?
No, they’re different. Sole responsibility is about decision-making; custody (or primary care) is about where the child lives.
Will the court ask to speak to the children?
Not usually directly. However, the court may appoint an Independent Children’s Lawyer (ICL) or request a family report to ensure the child’s views and best interests are properly considered.
How can family lawyers help with a sole parental responsibility application?
A family lawyer can guide you through the legal process, prepare strong evidence, draft documents like affidavits, and represent you in court. Their expertise ensures your application is focused on the child’s best interests and meets all legal requirements.
Final Thoughts
Sole parental responsibility is a serious legal step, granted only when it clearly serves the child’s best interests, particularly in cases involving risk, conflict, or absence of a capable co-parent.
While the process may feel overwhelming, understanding your rights, the legal criteria, and the steps involved can make all the difference.
If you’re considering applying for sole parental responsibility, don’t wait. Reach out to trusted family lawyers at VM Family Law by calling 07 3447 8966. Your child’s future could depend on the actions you take today.
