Bardot and Benjamin

Case

[2013] FCCA 1024

28 August 2013


Details
AGLC Case Decision Date
BARDOT & BENJAMIN [2013] FCCA 1024 [2013] FCCA 1024 28 August 2013

CaseChat Overview and Summary

In the matter of *Bardot and Benjamin*, Chief Judge Pascoe of the Family Court of Australia considered a dispute between parents concerning the future schooling arrangements for their child, [X]. The proceedings involved an application to vary existing orders regarding school fees and the attendance of [X] at a particular educational institution.

The central legal issues before the Court were the determination of which school [X] should attend from Term 4 2013 onwards, and the apportionment of private school fees and related expenses for both [X] and another child, [Y], in light of the proposed changes to [X]'s schooling. The Court was required to consider the existing orders and make a determination that reflected the best interests of the children.

Chief Judge Pascoe ordered that [X] attend [A] school from Term 4 2013 until the completion of her secondary schooling. This decision necessitated a variation of the previous order concerning the payment of school fees. The Court varied the order to stipulate that the Father would pay 67.23 percent and the Mother would pay 32.77 percent of the private school fees, related expenses, and school uniforms for [Y] at [S] Grammar School and for [X] at [W] until the end of Term 3 2013, and thereafter at [A] School until the completion of their respective secondary schooling. The Court also noted the parties' agreement to arrange further counselling sessions for [X].
Details

Areas of Law

  • Family Law

Legal Concepts

  • Appeal

  • Costs

  • Jurisdiction

  • Remedies

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Most Recent Citation
Sander and Sander [2016] FCCA 568

Cases Citing This Decision

2

Picano & Walkner [2021] FCCA 1682
Sander and Sander [2016] FCCA 568
Cases Cited

4

Statutory Material Cited

0

Goode & Goode [2006] FamCA 1346
Sayer v Radcliffe [2012] FamCAFC 209
Sayer v Radcliffe [2012] FamCAFC 209