Parental Responsibility for Certain Issues can be Sole or Joint - Expert Family Lawer

Parental Responsibility for Certain Issues can be Sole or Joint

Case of Doherty [2014] FamCAFC 20 (19 February 2014)

In this case, the Full Court of the Family Court dismissed the father’s appeal against an order made by Demack FM as to parental responsibility which was made “sole” as to some issues but otherwise to be equally shared.

After considering he husband’s submissions, the Full Court stated:  “there [wa]s no error per se  . . . [in that the trial judge’s] finding . . . as to the parents’ inability to co-operate and their incapacity to make decisions jointly . . . must be seen in light of the finding . . . that the mother did not seek a ‘blanket order’ the effect of which would be to exclude the father from decision making for every decision relating to every major long-term issue”.

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