CTHIn ForceAct
Family Law Act 1975
61CEach parent has parental responsibility (subject to court orders)
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#### 61C Each parent has parental responsibility (subject to court orders)
(1) Each of the parents of a child who is not 18 has parental responsibility for the child.
> Note 1: This section states the legal position that prevails in relation to parental responsibility to the extent to which it is not displaced by a parenting order made by the court. See subsection (3) of this section and subsection 61D(2) for the effect of a parenting order.
> Note 2: This section does not establish a presumption to be applied by the court when making a parenting order.
> Note 3: Under section 63C, the parents of a child may make a parenting plan that deals with the allocation of parental responsibility for the child.
(2) Subsection (1) has effect despite any changes in the nature of the relationships of the child’s parents. It is not affected, for example, by the parents becoming separated or by either or both of them marrying or remarrying.
(3) Subsection (1) has effect subject to any order of a court for the time being in force (whether or not made under this Act and whether made before or after the commencement of this section).
> Note: Section 111CS may affect the attribution of parental responsibility for a child.
#### 61CA Consultation between parents on major long‑term issues
If it is safe to do so, and subject to any court orders, the parents of a child who is not yet 18 are encouraged:
(a) to consult each other about major long‑term issues in relation to the child; and
(b) in doing so, to have regard to the best interests of the child as the paramount consideration.