Who makes the decisions for children?

Decision making for children can be joint or sole. The terms the Court uses are joint decision making for major long-term issues, or sole decision making for major long-term issues.

When parties have separated, in most cases they are required to continue to work together to make decisions concerning their children.  The concept of joint decision making for major long-term issues means parents have an equal say on the major long-term issues affecting their child, such as medical, schooling, or religious decisions. They are to make a genuine effort to consult with each other to reach a consensus when making these kinds of decisions.

 To determine which parent or if both parents will have decision making for major long-term issues the Court considers what is in the child’s best interests.

In some instances the Court may decide that both parents having joint decision making for major long-term issues is not in the best interests of the child, and therefore the Court may grant sole decision making for major long-term issues to one parent.

In many cases the parent with sole decision making for major long-term issues will still need to consult or inform the other parent prior to making the decision.

Sole decision making for major long-term issues can be granted to one parent for a specific issue or set of issues only, or it can be given entirely to one parent for all major long-term issues and other decisions.

Decision making for major long-term issues is not the same as custody or visitation between a child and a parent.  Having equal decision making for major long-term issues does not mean the parents automatically have equal custody of the child, and if one parent has sole decision making for major long-term issues that does not mean the other parent does not any spend time with or communicate with the child.

When determining what arrangements are in the best interests of the child, the Court’s primary consideration is the best interests of the child.

The Court considers various factors as being important to the best interests of the child, these include:-

a.    what arrangements would promote the safety (including safety from being subjected to, or exposed to, family violence, abuse, neglect, or other harm) of the children and each person who has care of the children.

b.    any views expressed by the children.

c.     the developmental, psychological, emotional and cultural needs of the children.

 d.    the capacity of each person to provide for the children’s developmental, psychological, emotional and cultural needs.

e.     the benefit to the children of being able to have a relationship with the children’s parents, and other people who are significant to the children, where it is safe to do so.

 f.      the children’s right to enjoy the children’s Aboriginal or Torres Strait Islander culture.

g.     anything else that is relevant to the particular circumstances of the children.

We are committed to assisting you and your family on family law matters and offer a free initial consultation on all parenting matters.

Speak to one of our experienced Ipswich Family Lawyers at a free initial consultation for advice and general discussion of what will be best for you and your children.