Carsen and Arrow-Carsen (No. 2)

In the matter of *Carsen and Arrow-Carsen (No. 2)*, Berman J of the Family Court of Australia considered disputes between the parents regarding interim orders for their two children. The primary disagreements concerned which school the children should attend for the 2019 school year, with the father proposing a school in the western suburbs and the mother proposing a school in the eastern suburbs, though both parties agreed that any chosen school must align with their shared faith. Additionally, the court addressed an application to vary an earlier order concerning handover locations due to non-compliance.

The legal issues before the court were to determine the appropriate interim school placement for the children, considering their best interests and the parents' differing proposals, and to address the variation of the handover order in light of past non-compliance. The court was also required to make orders regarding the children's time with each parent and other practical arrangements for their care.

Berman J applied the principles of the *Family Law Act 1975* (Cth), particularly concerning the best interests of the child and the concept of equal shared parental responsibility. The court ordered that the parties have equal shared parental responsibility for the children. Crucially, the court ordered that the children be enrolled at K School in Suburb J for the 2019 school year, indicating a resolution to the school placement dispute. The judgment also detailed specific interim time arrangements for the children with each parent, including provisions for school holidays and public holidays, and established a revised handover protocol. This protocol stipulated that handovers not occurring at the children's kindergarten or school would take place at the father's home or a nominated location by the mother, with specific conditions to manage interactions between the parents. Further orders addressed communication regarding medical emergencies, medications, appointments, and the mother's provision of information concerning the children's NDIS funding.