Separated parents cannot make major financial decisions affecting their children without consulting each other, the High Court has ruled in a decision expected to shape how similar family disputes are handled in future.
The court said while both parents remain responsible for supporting their children, one parent cannot unilaterally make decisions that significantly increase the other’s financial obligations without their consent.
The ruling arose from a dispute between divorced parents over who should pay for their daughter’s university education after she turned 18.
The disagreement began after the daughter was transferred from a public university to a more expensive private institution without the father’s involvement. A lower court later ordered the father to pay tuition fees, related university expenses and comprehensive medical insurance.
Unhappy with the decision, the father challenged the ruling, arguing that he should not be compelled to meet costs resulting from a decision he neither participated in nor approved.
In its judgment, the appellate court reaffirmed that parental responsibility does not necessarily end when a child reaches the age of 18, particularly if they are still pursuing higher education.
However, the judges stressed that the responsibility must be exercised fairly, with both parents consulted before major financial commitments are made.
The court found that although both parents were still obligated to support their daughter, the mother could not transfer her to a more expensive university and then expect the father to automatically shoulder the increased costs.
Instead, the judges ruled that the father’s contribution should be limited to what he would reasonably have paid had the student remained in the original public university. Any additional expenses resulting from the move to the private institution, the court said, should be met by the mother.
The judges also addressed the issue of university funding, noting that students should first explore available government support before parents are required to cover the remaining costs.
They said assistance such as funding from the Higher Education Loans Board (HELB), bursaries and scholarships should be considered before parents are asked to meet higher education expenses.
The court further overturned the earlier order requiring the father to provide comprehensive private medical insurance for his daughter.
According to the judges, there was no evidence showing the student had special medical needs that could not be addressed through the health cover already available to university students.
The ruling is expected to provide guidance for separated and divorced parents involved in disputes over education, healthcare and other significant child-related expenses.
It underscores the importance of consultation, fairness and each parent’s financial capacity when making decisions that could increase the cost of raising a child.