What Rights do Parents Have?
Parents are experts on their own children.
Australian (Federal, State & Territory) and International Law reflect the primacy of parents.
As a parent you are responsible for the care, welfare and development of your child which includes decisions about your child’s education, religious and cultural upbringing, and health.
You have rights to opt your child out of objectionable classes like Sex Education and Respectful Relationships where gender identity theory contrary to your values and beliefs is taught and promoted.
Our template letters reflect your right to bring up your child according to your values and beliefs as well as your duty to protect your child’s rights until they are old enough to assume responsibility for themselves.
Parental rights – or responsibilities – as they are known in Australian law are defined at s61B of the Family Law Act 1975 as “all the duties, powers, responsibilities and authority which, by law, parents have in relation to children.”
These explicitly include parental responsibility for making decisions about their child’s education, their child’s religious and cultural upbringing; their child’s health; and their child’s name1.
Parental rights apply until the best interests of the child supersede those rights or until the child is legally considered an adult which is at age 18.
Each of Australia’s states and territories have their own separate set of laws relating to child welfare.
The NSW Department of Communities & Justice provides a helpful overview of the duties and rights of parents in NSW which includes the following statement:
“The law allows parents to bring up their children according to their own values and beliefs. Decisions such as religion, education, discipline, medical treatment and where the child lives will not be interfered with unless there are good reasons or the child’s well-being is at risk – for example, if there is abuse, if the child is not receiving education or necessary medical treatments.”
The NSW Controversial Issues in School Policy states that:
“Parents and carers need to be advised of the specific details of school activities, programs or events addressing controversial issues and the relevance to the curriculum and school programs and activities. Where advice is appropriate, it must be given prior to the occasion so parents and carers can provide consent or withdraw their child from a particular session(s) on controversial issues. The parental right to withdraw their child must be respected.“
The Victorian Curriculum and Assessment Authority, states the following about parental rights in areas of the curriculum which contain Gender Identity Theory:
“The Health and Physical Education curriculum includes a number of topics that need to be handled sensitively. These topics include:
- sexuality and relationships
- violence prevention education, including gender-based violence and domestic violence
- mental health
The approach to addressing sensitive issues within the Health and Physical Education curriculum should be consistent with school ethos, community and parental expectations and prescribed guidelines of the relevant education sector.“
- Family Law Act 1975, section 4 “major long-term issues” ↩︎