Crisp and Hayes (No.2)

Case [2014] FCCA 3029


FEDERAL CIRCUIT COURT OF AUSTRALIA

CRISP & HAYES (No.2) [2014] FCCA 3029
Catchwords:
FAMILY LAW – Children – parenting orders – child's school – best interests of the child – where parents have agreed on other parenting orders – where parents have equal shared parental responsibility for the child – where there is one child aged 6 years.

Legislation:

Family Law Act 1975 (Cth), s.60CA

Cases cited:
Crisp & Hayes [2014] FCCA 1681
Re G:Children’s Schooling [2000] FamCA 462; (2000) 26 Fam LR 143; FLC 93-025
Applicant: MR CRISP
Respondent: MS HAYES
File Number: SYC 747 of 2013
Judgment of: Judge Scarlett
Hearing dates: 10-12 December 2014
Date of Last Submission: 12 December 2014
Delivered at: Sydney
Delivered on: 19 December 2014

REPRESENTATION

Counsel for the Applicant: Ms Christie
Solicitors for the Applicant: Diamond Conway
Counsel for the Respondents: Mr Theobald
Solicitors for the Respondents: Slater and Gordon Lawyers
Counsel for the Independent Children's Lawyer: Ms Eldershaw
Solicitors for the Independent Children's Lawyer: Legal Aid NSW

ORDERS

  1. The Applicant father and the Respondent mother are to do all acts and things necessary to enrol the child [X] born [omitted] 2008 at such public school as the parties agree within fifteen (15) kilometres of the father’s present residence at [omitted], [P] in the State of New South Wales.

  2. In order to obtain agreement the mother is to advise the father of the school or schools she is considering and the location of her proposed residence by Friday 9 January 2015.

  3. The father is to advise the mother by Friday 16 January 2015 of the school he selects from those provided by the mother or any alternate school within fifteen (15) kilometres of the mother’s proposed residence.

  4. In the event that the parties are unable to agree on a choice of school by 23 January 2015 then the parties are to do all things necessary to enrol the child [X] at the [P] School to commence school at the beginning of the first school term in 2015.   

  5. The Property Application is adjourned to 29 January 2015 at 10am for further mention before Judge Scarlett in Court 3A, level 3, Lionel Bowen Building, 99 Goulburn Street, Sydney NSW 2000.

IT IS NOTED that publication of this judgment under the pseudonym Crisp & Hayes (No.2) is approved pursuant to s.121(9)(g) of the Family Law Act 1975 (Cth).

FEDERAL CIRCUIT COURT
OF AUSTRALIA
AT SYDNEY

SYC 747 of 2013

MR CRISP

Applicant

And

MS HAYES

Respondent

REASONS FOR JUDGMENT

Application

  1. The parties in this matter have now finalised all matters concerning their daughter [X] except for one issue, the child’s school. They are at odds as to which school the child will attend at the commencement of the first school term in 2015.

  2. [X] is six years old. She was born on [omitted] 2008. She lives with her mother. She has been living with her mother in [C] since her mother moved there in August 2012. She has been attending school in [C].

Background

Continue reading Crisp and Hayes (No.2)

Sign in free to access the full text

Details
AGLC
Crisp and Hayes (No.2) [2014] FCCA 3029
Case
[2014] FCCA 3029
Decision Date

CaseChat Overview and Summary

In the matter of *Crisp and Hayes (No.2)*, Judge Scarlett of the Federal Circuit Court of Australia considered a dispute between an applicant father and a respondent mother concerning the enrolment of their child, [X]. The core of the disagreement revolved around the choice of school for the child, which was intrinsically linked to the parents' residential arrangements.

The court was required to determine the appropriate course of action for enrolling the child in a school, given the parties' inability to reach an agreement. This involved establishing a process for parental consultation and decision-making regarding the child's education, as well as setting a default position should agreement remain elusive.

Judge Scarlett's reasoning focused on facilitating a resolution for the child's schooling. The court ordered that the parties must agree on a public school within fifteen kilometres of the father's residence. A specific timeline was set for the mother to propose schools and her intended residence, followed by the father's opportunity to select from those proposals or suggest an alternative. If agreement could not be reached by a specified date, the child was to be enrolled at the [P] School. The court also adjourned a related property application for further mention.

Orders

Orders of the court

1.

The Applicant father and the Respondent mother are to do all acts and things necessary to enrol the child [X] born [omitted] 2008 at such public school as the parties agree within fifteen (15) kilometres of the father’s present residence at [omitted], [P] in the State of New South Wales.

2.

In order to obtain agreement the mother is to advise the father of the school or schools she is considering and the location of her proposed residence by Friday 9 January 2015.

3.

The father is to advise the mother by Friday 16 January 2015 of the school he selects from those provided by the mother or any alternate school within fifteen (15) kilometres of the mother’s proposed residence.

4.

In the event that the parties are unable to agree on a choice of school by 23 January 2015 then the parties are to do all things necessary to enrol the child [X] at the [P] School to commence school at the beginning of the first school term in 2015.

5.

The Property Application is adjourned to 29 January 2015 at 10am for further mention before Judge Scarlett in Court 3A, level 3, Lionel Bowen Building, 99 Goulburn Street, Sydney NSW 2000.

Background

Background to the litigation

Full text does not contain this section.

Evidence

Evidence Before The Court

Full text does not contain this section.

Decision

Reasons for decision

Full text does not contain this section.

Ratio Decidendi

Legal Principle Established

Full text does not contain this section.