Who Makes the Parenting Decisions After Separation?

 

As parents you undoubtedly want to make the best decisions possible when it comes to your children. When you are separated this can sometimes lead to conflict if you are not on the same page.

There are two levels of decision making when it comes to children. There are the day-to-day decisions such as what to have for dinner, what your child should wear or what they watch on television. These decisions are made regularly and often on short notice by whichever parent the child is with at the time. They do not have to be made jointly, although we recommend that parents discuss some of these issues to ensure continuity of care between households.

such as what the child’s name should be, how they will be educated, where they live and any serious medical treatments that may be required. These decisions are very important to the future well-being of your child and both parents should generally have input into these decisions.

If there are no Court Orders in place then both parents will have the right to make major long-term decisions on their own, however it will generally be in your child’s best interest if these decisions are made in consultation to avoid the possibility of later conflict.

If your matter is in Court there will be a presumption that there should be an order for “equal shared parental responsibility” unless this is rebutted due to family violence allegations or a serious break-down in communication between the parents. If there is a Court Order for “equal shared parental responsibility” then you are not permitted to make these types of decisions on your own and they must be made in consultation with the other parent.

If you are separated and know that there is a major decision coming up in relation to your child, you should discuss this with your former partner as soon as possible to determine whether or not there is agreement on the issue.

If there is a dispute, it is much better for this to be identified early so that you have the best opportunity to work through this with the appropriate professionals to make the right decision for your child.