Children’s gifts: Will the Court intervene?

We often get clients concerned about the other parent buying the children ‘inappropriate’ gifts and wanting to know if the Court would intervene.

The Court is unlikely to make orders that regulate the type of gift a parent gives a child.

The Court will only interfere with the exercise of parental responsibility if it is proper to do so.

Parents differing in their views about day-to-day responsibility will not generally be sufficient without there being serious concerns regarding the children.

See VR & RR [2002] FamCA 320 where the court said:

29. Whilst the word "proper" connotes a very wide area of discretion, in our view it is clear from the legislative scheme that any intervention by the Court in the due performance of an aspect of parental responsibility, that seeks to interfere with or diminish the responsibility of either parent to care for the child in the manner that parent deems appropriate, should be made only where the Court is of the view that the welfare of the child will be clearly advanced by that order being made.

30. In our view it is not the role of the Court to identify and then seek to determine every matter that is in issue between two estranged parents who cannot agree on the way their child is to be raised. The Court should only interfere in the way in which a parent proposes to raise a child to the extent that the welfare of the child requires interference.

If you have any concerns about this then it’s important you speak to an experienced family lawyer, like one of the members of Family Law Team.

We also offer a convenient way for you to provide instructions to us online at a time and place that is safe and convenient to you.

Using the link below, you can get started with Grice Legal on line.