One Parent Cannot Unilaterally Raise Child-Related Costs, Court Rules.

On appeal, the Court of Appeal upheld the principle that parental responsibility may continue even after a child turns 18 if they are pursuing higher education. However, the judges stressed that the obligation must be exercised fairly and reasonably, with both parents involved in major financial decisions affecting the child.

The court found that although both parents remained responsible for supporting their daughter, the mother could not unilaterally transfer her to a more expensive university and automatically require the father to meet the increased costs.

Instead, it ruled that the father’s contribution should be limited to what he would reasonably have paid had the student remained at the original public university, while the additional costs resulting from the transfer would be borne by the mother.

The judges also addressed another issue that affects many families struggling with higher education costs. They held that students should first pursue available government support, including funding from the Higher Education Loans Board (HELB), as well as bursaries and scholarships, before parents are required to meet the remaining costs.

In addition, the court set aside the lower court’s order requiring the father to provide comprehensive private medical insurance, finding that there was no evidence the student had special medical needs that could not be met through existing health cover available to university students.

The ruling provides new guidance for separated parents, reinforcing that major expenses should be agreed upon jointly, with courts considering fairness, consultation and each parent’s financial ability.