FEDERAL CIRCUIT COURT OF AUSTRALIA
| EGGERS & TAINE (No.2) | [2015] FCCA 1413 |
| Catchwords: FAMILY LAW – Children – parenting – children's schooling – choice of pre-school – choice of school – best interests of the children – treatment of children’s wishes – where older child has attended two different primary schools in the past nine months – where younger child has attended three different pre-schools in the past nine months – need for stability in children’s lives – children to start new school in 2016. |
| Legislation: Family Law Act 1975 (Cth), ss.60B, 60CA, 60CC |
| Cases cited: Eggers & Taine [2015] FCCA 242 Re G: Children’s Schooling [2000] FamCA 462; (2000) 26 Fam LR 143; FLC 93-025 Ryan & Janosi [2011] FMCAfam 774 Whitton & Whitton and Anor (No.2) [2010] FamCA 1119 |
| Applicant: | MR EGGERS |
| Respondent: | MS TAINE |
| File Number: | WOC 805 of 2014 |
| Judgment of: | Judge Scarlett |
| Hearing date: | 15 May 2015 |
| Date of Last Submission: | 15 May 2015 |
| Delivered at: | Sydney |
| Delivered on: | 27 May 2015 |
REPRESENTATION
| Counsel for the Applicant: | Ms Murphy |
| Solicitors for the Applicant: | Kells The Lawyers |
| Counsel for the Respondent: | Mr Givney |
| Solicitors for the Respondent: | Brander Smith McKnight Lawyers |
ORDERS
The Applicant and the Respondent are restrained from removing the child X born (omitted) 2009 from (omitted) Public School at any time prior to the end of the final school term in 2015.
The Applicant and the Respondent are to do all acts and things and sign all documents necessary to enrol the said child X at (omitted) Public School at (omitted) in the State of New South Wales commencing in the first school term in 2016.
The parties are restrained from causing the child X to be enrolled at any other school during the course of his primary education without leave of the Court first had and obtained.
The Applicant and the Respondent are restrained from removing the child Y born (omitted) 2010 from (omitted) Pre-School at any time prior to the end of the final school term in 2015.
The Applicant and the Respondent are to do all acts and things and sign all documents necessary to enrol the said child Y at (omitted) Public School aforesaid commencing in the first school term in 2016.
The parties are restrained from causing the child Y to be enrolled at any other school during the course of her primary education without leave of the Court first had and obtained.
IT IS NOTED that publication of this judgment under the pseudonym Eggers & Taine (No.2) is approved pursuant to s.121(9)(g) of the Family Law Act 1975 (Cth).
| FEDERAL CIRCUIT COURT OF AUSTRALIA AT SYDNEY |
WOC 805 of 2014
| MR EGGERS |
Applicant
And
| MS TAINE |
Respondent
REASONS FOR JUDGMENT
Application
This is an Application for final parenting orders about the schools to be attended by the parties’ two children.
On 5 May 2015 the parties entered into Consent Orders providing that:
a)They would have equal shared parental responsibility for their son X, aged 6, and…
Continue reading EGGERS & TAINE (No.2)
Sign in free to access the full text
- AGLC
- EGGERS & TAINE (No.2) [2015] FCCA 1413
- Case
- [2015] FCCA 1413
- Decision Date
CaseChat Overview and Summary
The court was required to determine the appropriate educational arrangements for the children, specifically whether they should be restrained from leaving their current schools and whether they should be enrolled at a particular public school. The court also had to consider the duration of these arrangements and the conditions under which they could be altered.
Judge Scarlett ordered that both children, X and Y, be restrained from being removed from their current schools, (omitted) Public School and (omitted) Pre-School respectively, until the end of the final school term in 2015. Furthermore, both parents were directed to take all necessary steps to enrol the children at (omitted) Public School commencing in the first school term of 2016. The court also imposed a general restraint, preventing the parties from enrolling the children at any other school during their primary education without prior leave of the Court.
Orders
Orders of the court
1.
The Applicant and the Respondent are restrained from removing the child X born (omitted) 2009 from (omitted) Public School at any time prior to the end of the final school term in 2015.
2.
The Applicant and the Respondent are to do all acts and things and sign all documents necessary to enrol the said child X at (omitted) Public School at (omitted) in the State of New South Wales commencing in the first school term in 2016.
3.
The parties are restrained from causing the child X to be enrolled at any other school during the course of his primary education without leave of the Court first had and obtained.
4.
The Applicant and the Respondent are restrained from removing the child Y born (omitted) 2010 from (omitted) Pre-School at any time prior to the end of the final school term in 2015.
5.
The Applicant and the Respondent are to do all acts and things and sign all documents necessary to enrol the said child Y at (omitted) Public School aforesaid commencing in the first school term in 2016.
6.
The parties are restrained from causing the child Y to be enrolled at any other school during the course of her primary education without leave of the Court first had and obtained.
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.