MOTHER FILES AN APPLICATION FOR REVIEW OF THE INTERIM ORDER WITH RESPECT TO THE CHILD’S SCHOOLING ARRANGEMENT
Walstead & Delmont [2021] FCCA 337 (24 February 2021)
This is an application filed by the mother for review of the interim order with respect to where the child should go to school.
Facts:
This is the determination of the Mother’s Application for Review with respect to the Interim Order by Senior Registrar Tran that Child X attend D School.
The Mother’s proposed Order, in place of the Senior Registrar’s Order, is that the Child attend B School in Town C from the commencement of Term 1, 2021, and that the parties’ forthwith do all acts and things to enroll the Child at that school in Town C. The Father lives in Town D, in close proximity to the D School. The Father seeks an order that the Application for Review be dismissed.
Issue: Should the court change its order that the child be enrolled in B School in town C instead of D School?
Law:
- Family Law Act 1975 SS.60B, 60CA, 60CC
Analysis:
If X attends B School in Town C, on the material before the Court, there is a significant prospect that the Children’s meaningful relationship with the Father can be maintained, and that the Children’s meaningful relationship with him should not be detrimentally affected.
There is a significant suggestion on the material before the Court that should the Child X attend school in Town C, the Mother, as the Children’s primary carer, can benefit from face to face changeovers and communications with the Father in relation to the Children being reduced with resulting lessening of the Mother’s fear and anxiety in encountering and communicating with him, the bus journey for the Children can be simplified when in the Mother’s primary care (a direct relatively short bus trip from near the Mother’s residence to Town C), the Child X can progress to kindergarten in Town C with already formed peer relationships, and the Mother’s work obligations can be more readily fulfilled without time constraints; such benefits can enure to both the Mother as primary carer and the Child X if not both Children.
Conclusion: Court orders that X attend B School in Town C.
