Pavli & Beffa

This matter concerned the allocation of parental responsibility between the parents of a child, D Pavli, born in March 2006. The decision was made by Watts J.

The court was required to determine how parental responsibility for the child should be allocated between the parents, particularly in relation to major long-term issues. This involved considering the meaning and application of "shared parental responsibility" and the statutory requirements associated with such orders under the *Family Law Act 1975* (Cth) (FLA).

Watts J explained that "shared parental responsibility" under s 65DAC of the FLA imposes three statutory requirements: consultation, a genuine effort to reach a joint decision, and joint decision-making. The court noted that the phrase "equal shared parental responsibility" is not defined in the FLA, but it signifies that each parent equally possesses all the legal duties, powers, responsibilities, and authority concerning their children. The FLA creates a presumption of equal shared parental responsibility when making parenting orders, unless it is rebutted because it would not be in the child's best interests.

The court ordered that the parents would have shared parental responsibility for the child in relation to the child's name and changes to living arrangements that significantly impede time with a parent. For all other major long-term issues, including education, religious and cultural upbringing, and health, the mother would have parental responsibility, subject to specific conditions. These conditions required the mother to consult with the father in writing, make a genuine effort to reach a joint decision, and if no agreement was reached within 14 days, the mother would make the final decision and advise the father in writing.