Finley & Finley

In the matter of *Finley & Finley*, Mr Finley (the applicant father) and Ms Finley (the respondent mother) presented competing applications to the Family Court of Australia concerning the secondary education of their two children. The dispute centred on whether one parent should be authorised to make decisions regarding the future school enrolment of both children, with both parties favouring private secondary education. The father proposed boarding schools in Sydney, while the mother suggested local schools, with the children attending as either weekly boarders or day students. The father agreed to cover all tuition and boarding fees.

The court was required to determine which parent should have the ultimate decision-making authority regarding the children's secondary education, considering the paramount importance of the children's best interests. This involved assessing how each parent's proposed approach would serve those interests, particularly in light of the children's preferences and the parents' demonstrated capacity for co-parenting. The court also considered the existing arrangements for the children's living arrangements and time with each parent, which the parties wished to continue by agreement rather than formal orders.

Cleary J found that both parties had exercised parental responsibility effectively to date and had demonstrated an impressive ability to collaborate in the children's interests. However, the court was satisfied that the mother, who had a history of considering the children's ideas and aspirations, would be more likely to genuinely consider and act upon the children's preferences, even if they differed from her own. The father, conversely, would likely choose Sydney schools due to his firm beliefs and family traditions. Given the children's expressed interest in local schools and the mother's demonstrated willingness to consider their views, the court concluded that granting the mother parental responsibility for decisions about secondary education would best serve the children's interests.

Consequently, the court ordered that the mother have parental responsibility for the children with respect to decisions about their secondary education. The mother was also ordered to keep the father advised of any decisions regarding changes to the children's school enrolments. The father's amended initiating application and the mother's amended response were otherwise dismissed, with the court noting that the parties would otherwise continue to exercise parental responsibility in an unfettered way, as they had to date.