Conlan and Tomlinson (No 2)

This matter concerned an application before Cronin J in the Family Court of Australia, brought by the Applicant father against the Respondent mother. The dispute involved issues of communication between the parents, the education of their seven-year-old child, and international travel arrangements for the child. Enforcement proceedings for a prior costs order against the mother were also before the court.

The court was required to determine several key issues. Firstly, it needed to address the breakdown in communication between the parties, which had rendered previous orders for equal shared parental responsibility inoperative. Secondly, the court had to consider the mother's removal of the child from school and decide whether the child should return to mainstream schooling or continue with home-schooling for the remainder of the year. Thirdly, the court was asked to rule on the mother's request for permission to travel internationally with the child, despite prior orders and mixed messages regarding her intentions. Finally, the court had to consider the father's application for costs thrown away in relation to the enforcement of a previous costs order against the mother.

Cronin J found that the parties' communication skills were "appalling" and that the previous order for equal shared parental responsibility was inoperative. To address this, the court ordered both parents to attend upon a psychologist to work on their communication, alleviate the child's anxiety, and arrange for the child's return to mainstream schooling in 2019. Regarding the child's education for the remainder of 2018, the court considered it might be better for the child to remain in a home-schooling environment. The court also granted the mother permission to travel internationally with the child, being satisfied that she understood the risks of non-compliance with limitations in prior orders. The court also made orders regarding the payment of costs, including costs thrown away due to the enforcement proceedings.