GALLEGO & MACKWETH

In the Family Court of Australia, Aldridge J considered a dispute between the parties, Gallego and Mackweth, concerning the schooling arrangements for their two children. The primary disagreement centred on which school the children should attend, with the father objecting to the eldest child continuing at her current school and the youngest child commencing there. The father's objection stemmed from an incident at the school involving him, and his proposed alternative schools were located far from the mother's residence, where the children lived.

The court was required to determine whether to uphold the status quo regarding the eldest child's schooling and to decide on the appropriate school for the youngest child for the upcoming academic year. Additionally, the court considered the mother's application for a costs order against the father.

Aldridge J reasoned that maintaining the eldest child's attendance at her current school was in her best interests, given her established presence there. The court further ordered that the youngest child be enrolled at the same school for the 2014 school year, implicitly finding this to be in the children's best interests despite the father's objections. Regarding costs, the court was not satisfied that the nature of the issues warranted a departure from the usual order that each party bear their own costs. The court made specific orders for the youngest child's enrolment, including provisions for the father's compliance and authorising the mother to enrol the child if the father failed to do so. The father's other applications were dismissed, and the independent children's lawyer was granted leave to issue subpoenas. Each party was ordered to bear their own costs.