ABNER & ABNER

In the matter of ABNER & ABNER, Loughnan J of the Federal Circuit Court of Australia considered a dispute between parents concerning the schooling of their child, B. The child expressed a wish to attend a private school, a preference supported by the Independent Children’s Lawyer, and which her older sibling also attended. However, there was no evidence presented regarding either parent's capacity to afford the private school fees. Separately, the court addressed applications concerning child support, specifically a departure application and a request for payment in a form other than periodic payments.

The primary legal issue before the court was the interim arrangement for the child B's schooling, balancing the child's wishes and the Independent Children's Lawyer's recommendation against the parents' financial capacity. The court also had to determine the child support applications, which were complicated by an issue with the service of the mother's financial statement on the father's lawyers.

Regarding the schooling dispute, the court ordered that the child B be enrolled in and attend C School at Suburb D from the commencement of Term 1 in 2018. The court reserved its reasons for judgment on this matter, to be published on a later date. In relation to the child support applications, judgment was reserved pending further written submissions. Leave was granted to the father's counsel to provide submissions concerning the incomplete service of the mother's financial statement, with a deadline of 28 days from the hearing, and for the mother's counsel to provide any responding submissions by the end of February 2018.