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Question Re: Equal Shared Parental Responsibility

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Hi All

I have a quick question regarding equal shared parental responsibility.

I have my kids through the week and final weekend of the month and they go to there mums 3 weekends per month. I have two girls and one boy (6yrs).

About two weeks ago my son asked if he could have his ear pierced (he saw a man on a movie with one), I said no. This Monday I went to pick him up from school in the afternoon, his mum drops them off to school on Monday after the weekend, and what do I see, his ear has been pierced. My daughter tells me that my son told the mum I said he couldn't get it done so she said 'i dont care if thats what he said lets go get it done'. After I saw it I sent his mum a message saying I was not impressed and not to do it again, to which she replied amongst some expletives, 'if it comes out I am going to keep getting it pierced'.

My question is: Is getting a son's ear pierced something which under the heading equal shared parental responsibility long term decisions would necessitate both parents agreeing upon and if so, is it to far fetched to get an injunction to stop it happening again?

I know many people have bigger problems than this on here, and this is fairly minor compared to them, however any knowledge or guidance would be greatly appreciated.  
bendoman said
Hi All

I have a quick question regarding equal shared parental responsibility.

I have my kids through the week and final weekend of the month and they go to there mums 3 weekends per month. I have two girls and one boy (6yrs).

About two weeks ago my son asked if he could have his ear pierced (he saw a man on a movie with one), I said no. This Monday I went to pick him up from school in the afternoon, his mum drops them off to school on Monday after the weekend, and what do I see, his ear has been pierced. My daughter tells me that my son told the mum I said he couldn't get it done so she said 'i dont care if thats what he said lets go get it done'. After I saw it I sent his mum a message saying I was not impressed and not to do it again, to which she replied amongst some expletives, 'if it comes out I am going to keep getting it pierced'.

My question is: Is getting a son's ear pierced something which under the heading equal shared parental responsibility long term decisions would necessitate both parents agreeing upon and if so, is it to far fetched to get an injunction to stop it happening again?

I know many people have bigger problems than this on here, and this is fairly minor compared to them, however any knowledge or guidance would be greatly appreciated.
Sometimes a minor cut can lead to amputation, what concerns me is that you have been undermined,your ex should not have done this!

I take it thatyou have orders in the Family Courtallocating Shared Parental Responsibility?

The first step is mediation (compulsory),and, if not resolved a 60I certificate will be issued where you can then apply to the court foran injunction,

A child at 6 years of age cannot make decisions for itself, what next - Tattoos?

Thanks Monaro

There is no express wording of equal shared parental responsibility in these orders (although there is in previous orders) although I was under the belief that there was a presumption of this under the FLA when shared care is occuring.

I see that you say that mediation would be necessary before seeking an injunction, my concern is that time is of the essence as obviously its his Mums intention to pierce his ear again when he goes up this week end, and the message that she left me identifies that she is intent on maintaining this position with or without further discussion. I agree with you on the dangers of getting even just a little nick, and I think that continued piercing can lead to complications in later life. I did a little research on the dangers involved in ear piercing and came across an article in a medical journal titled ear piercing and children s rights, a brief summary the doctors/surgeons who prepared the article identified the complications which they treat regularly and the nexus between piercing children s ears and the UN Convention on Children s Rights.

I've always been a SRL through all of my family proceedings, so wouldn't want to make any application based on international treatise, would be well above my head, but am trying to find an avenue which is preventative rather than reactive. Mediation will not be a realistic option as the other sides response has always been my way or the highway, even contested the divorce when she had re partnered and they had a series of children.

Any further thoughts would be greatly appreciated.
Previous orders?  What was that about?

Presumption?  I could be here hours!

Take a closer look at 61B, 61C, 61D,61DA, 65DAA, 65DAC of the Family Law Actfor starters.

Hi Monaro

Thanks for the response. I've had a further look at those sections.

I would love to hear your thoughts on presumption. The matter has gotten progressively worse through the week, i.e denigration, abusive calls etc. I've sent an email to join SLR-R so I can detail more info in a secure environment.

Cheers
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