Galpin & Galpin

The case of *Galpin & Galpin* concerned a dispute between Ms Galpin (the applicant) and Mr Galpin (the respondent) regarding parenting orders for their three children, Z (born 2008), X (born 2010), and Y (born 2013). The central issue before Tonkin J was the choice of high school for Z, who was due to commence Year 7. The applicant favoured K School, while the respondent supported Z attending J School.

The court was required to determine which high school would be in Z's best interests, considering the paramount consideration of the child's welfare as mandated by section 60CA of the *Family Law Act 1975* (Cth). This involved assessing various factors outlined in section 60CC of the Act, including the benefit of a meaningful relationship with both parents, the need to protect the child from harm, the likely effect of any changes in circumstances, and the practical difficulties and expense of maintaining contact with parents. The court also had to consider the children's ongoing adjustment to their parents' separation and the importance of sibling relationships.

Tonkin J reasoned that Z's transition to high school was a significant event, particularly given her current adjustment difficulties following the parental separation. The court noted that J School was a feeder school for Z's primary school, was located near her brothers' school (H School), and had friends from her primary school attending. Conversely, K School was a considerable distance away, and there was uncertainty regarding the admission of X and Y to that school, potentially leading to a separation of the siblings. The court found that attending J School would minimise disruption and maintain important sibling connections, which were crucial for Z's well-being. While acknowledging the practical difficulties for the applicant in transporting Z to J School, the court concluded that this was outweighed by the benefits of Z attending a school in a familiar environment with her brothers.

The court ordered that Z commence attending J School on 27 January 2021, with both parties to complete the enrolment process by 25 January 2021. The existing shared care arrangement for the children was to continue unless otherwise agreed. The parties were also ordered to enrol X and Y in K School, attend mediation to discuss outstanding parenting issues, and arrange for all three children to attend the Children First Program. The issue of changes in the children's living arrangements and future schooling was adjourned for an interim hearing on 5 March 2021.