Parental Responsibility - Implication, Order & Effect

In a recent decision of Lansa & Clovelly [2010] FamCA 80, Murphy J discussed at some detail the interplay between parental responsibility conferred on a parent by virtue of section 61C of the Family Law Act 1975 and an order that confers parental responsibility. In hopefully as concisely accurate as possible, his Honour found (amongst other things) that:-

• That section 61C conferred parental responsibility on a parent, subject only to a court order to the contrary;
• A parenting order which confers parental responsibility only derogates from the parental responsibility conferred by the Act to the extent to which the order relates;
• When making a parenting order, there is a presumption that parental responsibility be shared equally; although section 61DA does not state that when applying the presumption, the court is obliged to make an order conferring parental responsibility.