Mellick & Mellick 2014 FamCAFC 236
A trial judge granted sole parental responsibility to one parent and the other parent appealed. The trial judge found that the two parents had not exchanged information and had not cooperated with each other or told each other about decisions they had made on major topics including enrolling a child in a school (co-parent). Both parents acknowledged that their capacity to communicate with each other was virtually non-existent (communication poor). Their ability to communicate was described as moribund, as toxic and as unlikely to improve in the future.
The judge ruled that the presumption of equal shared parental responsibility cannot apply when parents do not consult with each other about major issues, and that there cannot be a meaningful order for equal shared parental responsibility unless parents are in a position to make joint decisions.
The appeal was dismissed.