Family Law: A Case Study on Parental Responsibility in Family Law

The law is fluid and often only changes when situations arise forcing an otherwise unanticipated outcome. This is a case study on parental responsibility in Family Law compiled from a number of matters our firm has handled.

The situation: Lisa and Matthew have three children. Lisa and Matthew have separated. Matthew has always been the primary caregiver for the children and has been the sole caregiver for the last two years since separation. Matthew wants to have sole responsibility for the children. This means that Lisa will no longer be responsible for making long-term decisions for the children, such as where they live, what school they go to, what religion they observe etc.

The problem: Lisa has agreed to Matthew having sole responsibility for the children. However, the court presumes that separating parents will have shared responsibility. Matthew and Lisa need to provide evidence which can rebut this assumption.

The outcome: Lisa and Matthew both drafted affidavits describing their living situation thus far. Matthew explained how he had been the sole caregiver over a two year period. Lisa confirmed that she did not want to have parental responsibility for the children.

The implication: Certain presumptions exist in Family Law, such as the presumption of shared parental responsibility. However, presumptions can be overcome if you do not want them to apply to your circumstances. Rebutting a presumption requires significant evidence explaining why your circumstances should be the exception to the norm.

If you have a family law matter, concerns about how to get a family law property settlement or questions about family law and separation in NSW and want to find out more please do not hesitate to contact us on 9688 6023 or email us at info@franklegal.com.au.

 This article is provided to the reader for general information. It is not legal advice. It was written by Andrea Spencer & Emily Graham and edited by James Frank.

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