CRISP & HAYES

Case

[2020] FCCA 3359

18 December 2020


Details
AGLC Case Decision Date
CRISP & HAYES [2020] FCCA 3359 [2020] FCCA 3359 18 December 2020

CaseChat Overview and Summary

This matter concerned a dispute between parents regarding the education and holiday contact arrangements for their child, X. The court was required to determine which high school X should attend, specifically whether X should be enrolled in a selective high school if offered a place, and to address issues concerning X's telephone contact with parents during school holidays. Additionally, the court considered the appointment of a single expert witness to report on matters relating to X's welfare.

The legal issues before the court included the selection of X's secondary school, the potential appointment of a single expert witness, and the specifics of telephone contact arrangements during school holidays. The court also had to consider the definition of "midpoint day" and time for holiday contact, all within the overarching principle of X's best interests.

The court ordered that X be enrolled at B High School, with the provision that if X is offered a place at C High School (a selective school), X should be enrolled there instead. Dr. D was appointed as the Single Expert Witness, with alternative experts nominated should Dr. D be unable to complete the report. The parties were directed to cooperate fully with the expert, including ensuring X's attendance and authorising mental health practitioners to speak with the expert. The court also varied existing orders regarding changeover locations and times during school holidays, and specified telephone contact times. The father was ordered to pay the initial cost of the single expert report, with the issue of contribution from the mother to be determined later.

The court made detailed orders regarding the appointment and conduct of the single expert, including payment for the report and potential cross-examination costs. Existing orders concerning changeover arrangements and telephone contact during school holidays were varied to provide greater clarity and specificity. The matter was adjourned for further directions, with the purpose of considering the expert report and resolving any remaining disputes.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Costs

  • Jurisdiction

  • Procedural Fairness

  • Remedies

Actions
Download as PDF Download as Word Document


Cases Citing This Decision

0

Cases Cited

5

Statutory Material Cited

4

Crisp and Hayes (No.2) [2014] FCCA 3029
Crisp and Hayes [2015] FCCA 315
Kirkland & Granger [2007] FamCA 1471