GRACE & GRACE

[2020] FCCA 977

FEDERAL CIRCUIT COURT OF AUSTRALIA

GRACE & GRACE [2020] FCCA 977

Catchwords:
FAMILY LAW – Parenting – application for parenting orders – dispute as to the secondary school that the child should attend – the ‘rule’ in Rice & Asplund – whether a Family Report should be prepared – where the child has sensory and emotional difficulties – where there is a long history of the dispute – application for a Family Report dismissed – Final Hearing in relation to schooling matter.

Cases cited:

Raymond & Harold [2009] FamCA 155

Rice & Asplund [1978] FamCA 84

Walter & Walter [2016] FamCAFC 56

Applicant: MR GRACE

Respondent: MS GRACE

File Number: MLC 11376 of 2009

Judgment of: Judge Carter

Hearing date: 16 April 2020

Date of Last Submission: 16 April 2020

Delivered at: Melbourne

Delivered on: 28 April 2020

REPRESENTATION

Counsel for the Applicant: Ms Renwick

Solicitors for the Applicant: Coote Family Lawyers

Counsel for the Respondent: Ms Jenkins

Solicitors for the Respondent: Clancy & Triado

ORDERS

1. The proceedings are listed for Final Hearing for 1 day commencing 9 October 2020 at 10.00am in relation to the child’s secondary schooling for 2021.

2. Each of the parties electronically file and serve any Amended Initiating Application or Amended Response, an updated Financial Statement if relevant, and one trial affidavit upon which they seek to rely by no later than 28 days prior to the Final Hearing.

3. Each of the parties be at liberty to electronically file a short affidavit in reply by no later than 14 days prior to the Final Hearing.

4. Each party electronically file and serve a case outline by no later than 2 days prior to trial and provide a copy in Word format to [e-mail].

5. The Father’s Initiating Application filed on 20 February 2020 otherwise be dismissed.

AND THE COURT NOTES THAT:

A.If in any proceedings there are allegations of family violence and the provisions of section 102NA of the Family Law Act 1975 apply (see attached Family Violence Information Sheet), any unrepresented party will not be permitted to personally cross-examine the other party/parties.

B.Affected unrepresented parties may apply to the Commonwealth Family Violence and Cross-Examination of Parties Scheme (“the Scheme”) for representation but any such application must be made at least 12 weeks prior to the final hearing.

C.Further information about the legislation and the Scheme can be found at Part 4 of the attached Family Violence Information Sheet.

D.If section 102NA applies and a party becomes unrepresented after trial directions have been made, that party is required to promptly advise the Court.

IT IS NOTED that publication of this judgment under the pseudonym Grace & Grace is approved pursuant to s.121(9)(g) of the Family Law Act 1975 (Cth).

FEDERAL CIRCUIT COURT
OF AUSTRALIA
AT MELBOURNE

MLC 11376 of 2009

MR GRACE

Applicant

And

MS GRACE

Respondent

REASONS FOR JUDGMENT

Introduction

1. The parties in this matter are the parents of X, born in 2008 and aged 11 years (“X”). They had previously engaged in litigation in this Court…