Bradley & Cooper

Case

[2009] FamCA 91

4 February 2009


Details
AGLC Case Decision Date
Bradley & Cooper [2009] FamCA 91 [2009] FamCA 91 4 February 2009

CaseChat Overview and Summary

In the matter of *Bradley & Cooper*, Brown J of the Family Court of Australia considered an application concerning the schooling arrangements for a child named K. The dispute involved the parents' differing views on where K should be enrolled and attend school.

The central legal issue before the court was to determine the appropriate educational placement for K and to make orders that would facilitate that placement, while also addressing the practicalities of school attendance and parental involvement. The court was required to consider the best interests of the child in making these determinations.

Brown J ordered that the mother take all reasonably necessary steps to enrol K at B Centre and that K attend B Centre. The father was restrained from removing K from B Centre during school days or from other places where K was engaged in activities at the direction of B Centre staff. Furthermore, any changeovers previously scheduled to occur at K's school were to take place at B Centre until further order. The court also directed that the mother serve a sealed copy of the order on the principal of B Centre and provided information regarding the obligations and consequences of contravening the orders, as well as details of support services. The court deemed the matter to reasonably require the attendance of solicitors appearing as counsel.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Injunction

  • Jurisdiction

  • Procedural Fairness

  • Costs

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