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Parental rights and duties

Unless a court orders otherwise, each parent has parental responsibility for their child until they turn 18 [Family Law Act 1975 (Cth) ss 61B and 61C].

Parents (and guardians) have the right to:

  • determine their child's upbringing and education
  • discipline their child (see physical punishment)
  • consent to their child's adoption
  • take legal proceedings on their child's behalf.

Parents (and guardians) have a duty to:

Generally, the law does not intervene between a parent and a child unless the parent abuses, neglects, fails to maintain or cannot control the child.

In more serious cases, a parent could face criminal charges relating to criminal neglect in circumstances where a child dies or suffers harm as a result of a specific act, omission or course of conduct. This applies where the parent owes a duty of care to the child, is aware or ought to be aware that harm would be caused to the child by the act or omission, and fails to take reasonable steps to prevent the harm [Criminal Law Consolidation Act 1935 (SA) ss 13B, 14]. A parent can also be charged with a criminal offence for failing to provide necessary food, clothing or accommodation to a child without lawful excuse [s 14A].

Disputes about the care of children following separation will be decided according to what the court considers is in the child's best interests [Family Law Act 1975 (Cth) s 60B]. For more information, see Arrangements for children.

Parental rights and duties  :  Last Revised: Fri Sep 7th 2018
The content of the Law Handbook is made available as a public service for information purposes only and should not be relied upon as a substitute for legal advice. See Disclaimer for details. For free and confidential legal advice in South Australia call 1300 366 424.