VIC Sole parental responsibility definition

[Anthony Murray]

Dear forum members

Can anyone please point me to a simple layman explanation of Sole Parental Responsibility? I want to provide this to the other parent who does not have Sole Parental as they are claiming they can/can't do certain things, the orders say 'limited to' and generally twisting the consent orders around to suit their interpretation.

Thanks all

PS, keeping my messages generic in case they are in this forum!

 

[sammy01]

shared parental responsibility is usually the first thing mentioned on consent orders. In high conflict cases orders might say shared paretal responsibility is limited to X Y Z and the mother (for example) has sole parental responsibility for education / health or what ever.

My advice - quit trying to make an illogical person see logic.
Can you give us a rough ball park about what the other parent thinks shared parental responsibility refers too so we can give better advice?

So for example - Having spent $$$ getting consent orders so I can see my kids, my ex decided the term 'or by agreement' to mean that if she no longer agreed with the orders she didn't have to comply WTF... So I do feel your pain.

 

[Anthony Murray]

shared parental responsibility is usually the first thing mentioned on consent orders. In high conflict cases orders might say shared paretal responsibility is limited to X Y Z and the mother (for example) has sole parental responsibility for education / health or what ever.

My advice - quit trying to make an illogical person see logic.
Can you give us a rough ball park about what the other parent thinks shared parental responsibility refers too so we can give better advice?

So for example - Having spent $$$ getting consent orders so I can see my kids, my ex decided the term 'or by agreement' to mean that if she no longer agreed with the orders she didn't have to comply WTF... So I do feel your pain.

The order says:

The Mother have sole parental responsibility for the children, PROVIDED ALWAYS THAT the Mother keep the Father informed of significant long term decisions that she makes in relation to the children and actively seeks the Father's input on such issues.

And then says:

For the purpose of order X hereof:-

(a) before any such long term decisions are made in respect of the child:-

It goes on to describe a method of making the proposal, the Father’s mechanisms to respond and provide his view.

Upon receipt of the Father’s view, Mother considers these and make a final decision of the outcome immediately after making the decision.

It also says that if the Father does not respond within the prescribed timeframe, the Mother shall be entitled to presume that the Father does not want to be involved and she may decide the issue


The orders state that the Parents agree to children attending XYZ Catholic School until specified date.

Nowhere in the consent orders are the words ‘limited to’. The Father has written to the Mother saying that the orders give her Sole Parental limited to Education and Religion as they’ve agreed to the Catholic school.

He now wants to apply to court to change the orders he consented to (less than 1.5 years after signing these)

I’m paraphrasing the orders just in case this gets found.

 

[sammy01]

why did you agree?
So mum has sole parental responsibility for school and religion? nothing else?
Do the orders provide that the kids spend time with you?

Seems to me all mum has to do is ask for your opinion BUT can do what she wants?

I fail to see how you can take this back to court.

 

[Anthony Murray]

why did you agree?
So mum has sole parental responsibility for school and religion? nothing else?
Do the orders provide that the kids spend time with you?

Seems to me all mum has to do is ask for your opinion BUT can do what she wants?

I fail to see how you can take this back to court.

Thanks Sammy01, appreciate this. It's the way I understand the orders also.
Actually, I'm not the Dad in this situation but am afraid of giving too many details away just in case he is in this forum

If there is a really simple explanation somewhere of Sole Parental Responsibility I would appreciate it. I've done a log of web searching ...

 

[Atticus]

T

If there is a really simple explanation somewhere of Sole Parental Responsibility

The actual definition of parental responsibility as contained in the act... below..
FAMILY LAW ACT 1975 - SECT 61B Meaning of parental responsibility

Sole parental responsibility means the parent having it has the sole ultimate decision about all long term issues, or those only specified in the order... Your obligations to the other parent & in keeping with your particular order, is as the order states, ie, he be notified, given the opportunity to respond etc...

As long as you have abided by those criteria, the ultimate decision is yours & I can't see how dad has a case to bring back to court

 

[Anthony Murray]

T

The actual definition of parental responsibility as contained in the act... below..
FAMILY LAW ACT 1975 - SECT 61B Meaning of parental responsibility

Sole parental responsibility means the parent having it has the sole ultimate decision about all long term issues, or those only specified in the order... Your obligations to the other parent & in keeping with your particular order, is as the order states, ie, he be notified, given the opportunity to respond etc...

As long as you have abided by those criteria, the ultimate decision is yours & I can't see how dad has a case to bring back to court

Hi Atticus, Thank you very much appreciate you taking the time to reply