NSW Should I give the other parent “full parental responsibility “

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Peter_P93

Well-Known Member
7 March 2018
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Hi all, after being given final orders in 2017, and a number of contraventions happening, other party failing to appear in court and restricting all access including calls and visits. Mediation occouring and the mediator issued certificate for other party unwilling to mediate, I got a phone call from
The other party saying if I sign over full parental responsibility to her and I can have everything I have asked for... I ask this question, any suggestions of doing so?
 

Step2Three

Well-Known Member
21 December 2018
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Hi Peter, I assume under your existing orders you share parental responsibility with the other party, and having been through the process to make those orders, you already know what that covers. In making those orders, either you and the other party agreed that was appropriate, or the court found it so. So first question- has anything changed (besides withholding) since then to the point that would make you or the court think it should be different now?
What is it you're asking the other parent for? A resumption of calls/visits that are already stipulated in the existing orders?
 
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Peter_P93

Well-Known Member
7 March 2018
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Hi Step2three... I have since moved 4 hours north, I still pay child support (100%) as CSA only act on actual care. I am asking for calls/FaceTimes to resume, and visits to be changed from every second weekend to 1/2 holidays, in addition to have the other party meet half way for drop off and pick ups.
 

sammy01

Well-Known Member
27 September 2015
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HELL NO... and HELL NO... and HELL NO.
Why hell no... Well once she has sole parental responsibility, she can turn around and say, hmm I have sole parental responsibility. I can choose and I'm gonna choose today that dad can drive all the way or the kids are not going to dad.
HELL NO. The courts are very very unlikely to accept. Sole parental responsibility is a presumption. It is not something the courts will agree to relinquish without good reason.
HELL NO... She can show the kids, look daddy doesn't even wanna be responsible... And she sounds like the sort of sub-human that would do exactly that...
 
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Atticus

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6 February 2019
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The other party saying if I sign over full parental responsibility to her and I can have everything I have asked for... I ask this question, any suggestions of doing so?
parental responsibility gives you BOTH ..... 'all of the duties, powers, responsibilities and authority that parents have in relation to their child'...

If one parent has SOLE PR, that means the other (you) have non.... Some examples..

SHE can decide without ANY consultation (or notice) with you to...

change schools .... Change kids religion... child care center...... Change name .... get a passport .... ANY decision regarding medical treatments, advice, recommendations .... May also be used an excuse (or at the least severely limit) by Organisations like Schools, child care centers, AFP to not involve you at her request.... The list goes on.
 
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Step2Three

Well-Known Member
21 December 2018
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154
Hi Peter, I assume under your existing orders you share parental responsibility with the other party, and having been through the process to make those orders, you already know what that covers. In making those orders, either you and the other party agreed that was appropriate, or the court found it so. So first question- has anything changed (besides withholding) since then to the point that would make you or the court think it should be different now?
What is it you're asking the other parent for? A resumption of calls/visits that are already stipulated in the existing orders?
OK, moving some distance away shouldn't impact your ability to share parental responsibility, and you've already recognized that it's suitable to change the care arrangements so that the kid(s) aren't making an 8 hour round trip every fortnight- entirely sensible.
My gut reaction was a "hell no" to giving up parental responsibility, and it's not changed. For all of the reasons Sammy and Atticus have indicated- it's a big step towards cutting you out of their lives completely, since you would then have no say in any choices about them. Perhaps it's a reflection of my own experience, but I would also have no confidence the other parent would actually keep their word once it's done.
Hopefully some of the other folks can comment if your move constitutes a sufficient change in circumstances to file an application for new orders with what you've suggested above.
 
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