As interim consent orders were ultimately made in Elroy v Elroy [2015] FCCA 797, the decision does little more than allude to the relationship between parental responsibility and the National Disability Insurance Scheme.

The child, aged 2 years, had been recently identified by a community nurse as having developmental delays in several areas. He was referred to the NDIS, presumably for early intervention assistance.

The court at [17] noted that whilst premature at this point, it may be necessary to give one parent sole parental responsibility, at least with respect to medical issues. That remark appeared to encompass reference to dealings with the NDIS.

The meaning of the court’s reference (at [17]) to the parents “following the reasonable directions of the NDIS” was not explained.

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