Since 2006 there has been a “presumption” included in the Family Law Act 1975 that it is in the children's best interests for both parents to have equal shared parental responsibility. The presumption can be rebutted by evidence that it is not in the best interest of children for there to be equal shared parental responsibility.  The presumption does not apply where there is abuse or family violence.
“Parental Responsibility” was previously referred to as “Guardianship” and involves all the duties, powers, responsibilities and authority parents have with respect to children. It involves matters such as:
Education
Religious and cultural upbringing
Health
A child’s name
Relocation of a child’s residence.