The Family Law Act 1975 (Cth) emphasises that children have certain rights and that parents have duties and responsibilities towards their children. Both parents equally share these duties and responsibilities, even after separation, divorce or re-marriage. The parental responsibilities can only be changed by a court order. Though step-parents can and do carry out parenting roles, they do not automatically, as a matter of right, assume the legal parental responsibility. (See: Chapter 5*2 Parental Responsibility, Maintenance and Child Support.)

Arrangements between separated or divorced parents about who has responsibility for various aspects of the care and welfare of their children may be written out as a parenting plan and filed with a court. Courts may also make orders (called parenting orders) setting out who has particular responsibilities for:

Schools sometimes receive conflicting instructions from separated or divorced parents about having contact with their child. Schools and teachers have a duty of care for the safety and well-being of the child in their care. If a parent arrives at school to contact the child or to take the child home, the senior staff must look at the copy of the court order. They may also contact the parent, with whom the child normally resides, and seek their advice whether it is appropriate to release the child to the other parent. If the residing parent cannot be contacted, the school may contact the Family Court or the Federal Magistrates Court to check whether there is a court order restricting the non-residing parent's contact with the child.

A school, as a matter of course, should ask for a copy of the court orders or parenting plan for a child at the time of the child's enrolment in the school. A copy of such orders should be kept in the school records in case one parent arrives at school and asks for the child to be taken home, to the doctor, on an outing or any such activity. A school can refuse to allow contact with a parent if it is contrary to the court orders.

Separated parents are jointly responsible for the care, welfare and development of their child and where they have obtained a relevant court order regarding that issue, schools and teachers must treat both parents in a fair and non-discriminatory manner. In Hudson v State of South Australia [2008] SAEOT 8 (22 May 2008), the father of a child brought a series of complaints to the Equal Opportunity Tribunal of South Australia against the Department of Education and Children's Services alleging that he was discriminated against on the grounds of sex. He claimed that the department treated him less favourably because he was a man than it would have treated a woman in an identical or similar situation.

Among other complaints, the father alleged that the Federal Magistrates Court order required that the mother entered the father's name and contact details on the school enrolment form as the second person to be contacted in case of emergency. It was accepted that the school was aware of the order. The father claimed that the court order was not strictly adhered to when the child was enrolled in the school as the mother provided incorrect details about him on the enrolment form. He further alleged that the school's Principal failed to check the adequacy or correctness of his child's enrolment details.

The Tribunal held that the order was directed to the mother and did not impose an obligation on the school to ensure that the mother complied with it. The Tribunal concluded that the school's failure to ensure the accuracy of the details provided by the mother did not amount to discrimination on the grounds of sex against the father of the child. Though the complainant's claim was unsuccessful, it highlights that school authorities should check the accuracy of details in enrolment forms, especially for children who are subject to a particular family law order, in order to avoid claims based on discrimination or negligence.

The Family Violence Protection Act 2008 (Vic) states the meaning of family violence to include the family members causing a child to witness, hear or otherwise be exposed to the effects of violence. The Act extends the definition of "family members" to include extended family relationships and violence against parents by children.

Sometimes a parent is violent towards another parent or towards their child. He or she may harass, molest or stalk a child before or after school. An intervention order (Apprehended Violence Order) or anti-stalking order may be sought from the Magistrates' Court against the violent parent.

Alternatively, the Family Court or the Federal Magistrates Court may grant an injunction or restraining order on request of a parent on behalf of the child. The order prohibits the violent parent from having contact with the child or the family member with whom the child resides. The police can arrest the parent who is in breach of an intervention order.

Unless a court order is made restricting parental responsibility, the school should send both parents copies of the school reports and other information concerning the school and the child. Similarly, both parents have access to their child's teachers and to their child's school progress report.

Both parents have authority to decide what name should be used for their child. Where separated or divorced parents cannot agree regarding the child's name, a court order or an injunction may be required to resolve the issue. It is legal to use the name that appears on the child's birth certificate until the court makes a ruling on the issue (see: Chapter 5*6 Changing Your Name).

A child can ask their teachers and peers to be called or known by others by a particular name (other than the child's name). A child can, however, change his or her name on attaining the age of majority (18 years of age).

For particular family law issues, contact:

For general child welfare matters, contact: