Children

Aussie Divorce Est. 2005

Find an expert

Search for topic

A Guide to Joint Decision-Making After Separation

After separation, both parents usually still share responsibility for their children. But what does that mean in practice?

Under Australian family law, this is called equal shared parental responsibility. It means both parents are expected to consult each other and make big decisions together—even if the child lives mostly with one parent.

This page explains what shared parental responsibility means, what decisions it applies to, and how to make it work without conflict.

What Is Parental Responsibility?

Parental responsibility is about making long-term decisions for your child—things that shape their future.

It covers decisions like:

  • What school your child attends

  • Major medical treatment

  • Religion or cultural upbringing

  • Changing a child’s name

  • Overseas travel

Everyday decisions (like meals, bedtime, or clothes) are usually made by whichever parent the child is with at the time.

Do We Automatically Share Responsibility?

Yes. The Family Law Act assumes both parents will have equal shared parental responsibility—unless the court decides it’s not safe or practical (e.g. due to family violence or abuse).

Even if your child lives with you full-time, you may still need to involve the other parent in major decisions.

Example:

After separating, Tony and Mia agreed their son would live primarily with Mia. When Mia wanted to change schools, she had to consult Tony. They disagreed, so they used family dispute resolution to work it out.

What If We Disagree?

If you can’t agree, you should try:

  • Mediation or Family Dispute Resolution

  • Parenting coordination (a support service to improve communication)

If that fails, you can apply to the court to decide the issue. The court will decide based on the child’s best interests—not the preferences of either parent.

Can the Court Take Responsibility Away from One Parent?

Yes—but only in serious cases. If one parent poses a risk to the child or repeatedly refuses to cooperate in good faith, the court may give one parent sole parental responsibility.

Tips to Make It Work

  • Keep communication respectful and focused on the child

  • Share updates and school info regularly

  • Document agreements in writing (emails or texts)

  • Use co-parenting apps if things get tense

Final Thought

You don’t have to agree on everything—but you do have to try to make joint decisions about your child’s future.

At Aussie Divorce, we break down what shared parental responsibility means and how to make it work—without the legal jargon.

Save $1000's on legal fees

Alan’s Separation & Divorce System gives you the tools to take back control. Built from lived experience and with the help of Alex, an experienced Family Court barrister, this step-by-step system helps you save on legal fees, stay organised, and move through the process with clarity and confidence.

Learn more

Alan's 40 Podcasts

40 exclusive podcast episodes that cover the family law issues most people experience during their journey.