38 | Mid-Western Living SPRING 2024 What does parental responsibility mean? Richmond Ward Layers are specialists in all things family law. We offer a personalised legal service through remote or face-to-face appointments which cater to our regional clients’ location, busy lives and schedules. SERVICES Family Law Wills & Estate Planning Letters of Administration CONTACT Mudgee/Mid-Western Region Tessa Ward 0425 627 693 tessa@richmondwardlawyers.com.au Wagga/Riverina Bethany Richmond (02) 5954 9969 bethany@richmondwardlawyers.com.au LEARN richmondwardlawyers.com.au Parental responsibility refers to the legal parameters of what types of decisions fall under the responsibility of the parents and who they are assigned to, i.e. one parent or both parents jointly following separation. In broad terms parental responsibility decisions are characterised as major long-term decisions rather than day-to day care decisions as follows: • Education of the child (or children) including where they go to school or how they are educated; • Major medical and health decisions such as surgeries or a specific health diagnosis that may arise in relation to the child (or children); • Cultural or Religious decisions; • Relocation issues including where the child is living and their proximity to both parents; • International travel. Since 6 th of May 2024 the Family Law Act 1975 (Cth) was amended to remove the presumption of equal shared parental responsibility. The changes do not affect the position in the Family Law Act that separated parents retain parental responsibility. However, parental responsibility can be exercised jointly or separately, unless this is varied by a court order. In simple terms, the Court is likely to consider the following when the decision of whether parental responsibility is to be held jointly between the parents or exercised by one parent: • Whether there are considerations of serious family violence which may preclude any contact between the child and the parent who is determined to be at risk of further family violence towards the child or parent with who the child is residing with. • Whether there are reasonable grounds to believe that a parent or person living with the child has engaged in child abuse or other serious risk concerns. • Whether there is significant parental conflict making the ability for two parents to jointly make a parental responsibility decision impossible or without adversely affecting the child’s best interests. • Whether there are adverse practical implications for both separated parents DISCLAIMER: The contents of this column do not constitute legal advice, are not intended to be a substitute for legal advice and should not be relied upon as such. THE LEGAL LOWDOWN WITH TESSA & BETHANY • holding joint parental responsibility. For example, if one parent resides in Australia with the child fulltime and the other parent resides overseas full-time. Before entering into any parenting plan, or consent orders regarding the care arrangements for a child (children) or before any matter proceeds to the Federal Circuit and Family Court of Australia to be decided, we encourage all parents to receive legal advice regarding the allocation of parental responsibility. Given the highly circumstantial nature of parenting matters and how this may affect how parental responsibility is allocated or determined in parenting plans or parenting orders, it is important to obtain legal advice before entering into any agreements. At Richmond Ward Lawyers we are specialists in all things family law. We have a face-to- face and remote office model whereby our two principals Tessa Ward (Rylstone/Mudgee based) and Bethany Richmond (Wagga/Riverina based) assist in family law matters.
RkJQdWJsaXNoZXIy MTI3ODI1