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:

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 FAMILY RELATIONSHIPS, Arrangements for children.