Conlan and Tomlinson

The case of *Conlan and Tomlinson* concerned a dispute between a mother and father regarding the future living arrangements and schooling of their child, X. The matter came before Gill J in the Family Court of Australia.

The central legal issues before the court were to determine the primary residence of the child, X, and to make orders concerning the child's schooling, particularly in light of the mother's proposed relocation. The court was required to consider the implications of the mother's compliance or non-compliance with specific geographical and temporal conditions related to her residence.

Gill J made a series of conditional orders designed to establish the child's residence and schooling. The orders stipulated that the mother must return the child to live within 40 km of the D Town post office by a specified date. If she complied, the child would live with her and attend a school within that radius, with restrictions on changing schools without the father's agreement. However, if the mother failed to meet these conditions, the child would live with the father, who would then have liberty to enrol the child in a school of his choosing. The court also provided for the father to relist the matter for a recovery order if the mother failed to comply with the initial return order, and for the mother to relist for further orders regarding her time with the child if the child did not live with her. The matter was transferred to the Canberra Registry for further directions.