GRACE & GRACE

Case

[2020] FCCA 977

28 April 2020


Details
AGLC Case Decision Date
GRACE & GRACE [2020] FCCA 977 [2020] FCCA 977 28 April 2020

CaseChat Overview and Summary

In *Grace & Grace*, heard by Judge Carter, the dispute concerned an application for parenting orders regarding the secondary school that a child should attend. The matter involved a long history of dispute and the child's sensory and emotional difficulties.

The primary legal issue before the court was whether a Family Report should be prepared in circumstances where there was a long-standing dispute over schooling and the child had specific needs. The court also considered the application of the 'rule' in *Rice & Asplund* in the context of the schooling dispute.

Judge Carter dismissed the application for a Family Report. The court determined that, given the history of the proceedings and the specific nature of the dispute, a Family Report was not necessary for the final determination of the schooling matter. The court then listed the matter for a final hearing to resolve the secondary schooling arrangements for the child in 2021.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Jurisdiction

  • Procedural Fairness

  • Costs

  • Appeal

Actions
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Cases Citing This Decision

0

Cases Cited

3

Statutory Material Cited

0

Rice & Asplund [1978] FamCA 84
Walter & Walter [2016] FamCAFC 56
Raymond & Harold [2009] FamCA 155