Adelstain & Byron

In *Adelstain & Byron*, heard by Harper J, the parties, having separated, were in dispute regarding the schooling arrangements for their child, X, who was due to commence kindergarten in January 2021. The mother sought to relocate with the child to the B Region, a move she had previously undertaken unilaterally, leading to a recovery order and her return to New South Wales. The father sought injunctions to prevent the mother from travelling outside of New South Wales.

The court was required to determine which school the child would attend, given the parties' inability to agree and the absence of discernible differences between the proposed institutions. Additionally, the court had to consider the mother's application for relocation to the B Region on a final basis and the father's application for injunctions restraining her travel outside New South Wales.

Harper J reasoned that the father would pay the school fees for his proposed school, and the mother lacked the capacity to fund her preferred option. Consequently, the court ordered that the child be enrolled at the school proposed by the father, with the father bearing all associated costs, and that the child attend this school pending further order or agreement. The court also refused the mother's application for relocation and the father's application for injunctions restraining her travel, noting that the mother had complied with court orders since her previous unilateral relocation. The court further dismissed various proposed orders from both parties' applications.