EGGERS & TAINE (No.2)

Case

[2015] FCCA 1413

27 May 2015


Details
AGLC Case Decision Date
EGGERS & TAINE (No.2) [2015] FCCA 1413 [2015] FCCA 1413 27 May 2015

CaseChat Overview and Summary

In the matter of *Eggers & Taine (No.2)*, Judge Scarlett of the Family Court of Australia considered a dispute between the Applicant and the Respondent concerning the education of their two children, X and Y. The core of the disagreement revolved around which school the children should attend and for how long they should remain enrolled at their current institutions.

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.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Injunction

  • Jurisdiction

  • Remedies

  • Costs

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Cases Citing This Decision

0

Cases Cited

4

Statutory Material Cited

2

EGGERS & TAINE [2015] FCCA 242
Ryan & Janosi [2011] FMCAfam 774