Equal Shared Parental Responsibility

What equal shared parental responsibility means now

Equal shared parental responsibility means both parents have an equal say in making major long-term decisions about their child — not how much time the child spends with each parent. Until 6 May 2024, Section 61DA of the Family Law Act 1975 created a presumptionthat this arrangement was in a child's best interests. That presumption has now been repealed: the court decides parental responsibility on the child's best interests in each case, and may make a "joint decision-making" order about major long-term issues (s61DAA) where appropriate.

These are significant decisions that affect the child's welfare and future, not everyday parenting choices. Major long-term issues include:

• Education — school choice, public vs private, special programs
• Health — major medical treatments, therapies, vaccinations
• Religion — religious upbringing and participation
• Name changes — changes to the child's legal name

What it does not mean

The most significant misconception about equal shared parental responsibility is that it automatically means equal time. This is incorrect. Time arrangements are determined separately based on what is in the child's best interests and what is reasonably practicable.

Three common misconceptions deserve direct correction:

• Equal time is automatic. It is not. Time arrangements are determined separately on the child's best interests — equal shared parental responsibility is about decisions, not time.
• The primary carer has more say. Under equal shared parental responsibility, both parents have exactly equal weight in major decisions. Caregiving time does not confer greater decision-making authority.
• It applies to everyday decisions. Day-to-day decisions are made by whichever parent has the child at the time. Only major long-term issues require joint decision-making.

The 2024 family law amendments reinforced this distinction by removing the previous requirement for courts to automatically consider equal time when equal shared parental responsibility was ordered. Time arrangements are now determined purely on the basis of the child's best interests under Section 60CC.

When a court will not order joint decision-making

Because there is no longer a presumption, the court decides whether joint long-term decision-making is appropriate on the child's best interests in each case. A court will not order it — and, before its repeal, the Section 61DA presumption did not apply — where there are reasonable grounds to believe a parent has engaged in:

• Family violence — including physical, emotional, psychological, and financial abuse
• Child abuse — including physical, sexual, emotional, and psychological abuse, or a risk of abuse

Other reasons a court may decline joint decision-making

Even without family violence or abuse, a court will not order equal shared decision-making where it would not be in the child's best interests. Courts typically weigh the following factors.

• Communication breakdown. If communication between parents is so poor that joint decision-making would be unworkable or harmful to the child, the court may order sole responsibility.
• High conflict. Where ongoing conflict between parents exposes the child to distress or results in major decisions being delayed or avoided entirely.
• Geographical distance. Significant distance between parents may make consultation impractical for certain decisions, though this alone rarely justifies sole responsibility.
• History of non-consultation. If one parent has consistently made major decisions without consulting the other, the court may find joint responsibility unworkable.

Joint decision-making in practice

Where a court orders equal shared parental responsibility (or parents agree to it), both parents must consult and make genuine efforts to reach agreement on major long-term issues. The consultation process has three stages.

1. Raise the issue. The parent identifying a decision to be made must inform the other parent in writing, providing relevant information and options.
2. Discuss and consider. Both parents must genuinely consider the other's views and discuss the issue in good faith. This is not a formality.
3. Reach agreement or seek help. If agreement cannot be reached, parents should consider mediation before making unilateral decisions or going to court.

Practical implications

Understanding how equal shared parental responsibility works in practice helps parents navigate their co-parenting relationship more effectively.

Decisions you can make alone

• Day-to-day decisions when the child is with you
• Responding to genuine emergencies without prior consultation
• Initiating discussions about upcoming major decisions
• Seeking mediation if you cannot agree

Decisions that require joint agreement

• Enrolling a child in a new school
• Non-emergency medical procedures
• Religious participation and baptism
• Changing the child's name

Common questions