GRIST & GRIST

In the matter of GRIST & GRIST, Judge B Smith of the Federal Circuit Court of Australia considered parenting arrangements for two children. The dispute involved the father's assertion of significant wealth, despite funds not being in his name or under his control, and his desire for the children to attend private schooling. The court also had to address concerns regarding the father's capacity and willingness to pay for private schooling, the parents' ability to coordinate such arrangements, the children's time with the father, and allegations of family violence.

The court was required to determine whether the proposed change of school was in the children's best interests and whether the proposed arrangement for the children to spend time with the father in different rental accommodation once a month was appropriate. Further, the court needed to consider the father's capacity and willingness to meet financial obligations related to schooling and the impact of alleged family violence on the children.

Judge B Smith expressed grave concerns about the father's proposals, particularly regarding the change of school and the proposed living arrangements during the children's time with the father. The court found that the proposed change of school and the living arrangements were not in the children's best interests. Consequently, the court ordered that the children remain at their current schools unless otherwise agreed in writing. An Independent Children's Lawyer was appointed to represent the children's interests, and the Legal Aid Commission of New South Wales was requested to arrange representation. The court also appointed a Single Expert Witness, to be a Psychiatrist or registered Clinical Psychologist, at the father's sole cost, to report on various welfare matters concerning the children, including risk of harm, children's views, parental capacity, and the impact of family violence. The court indicated it would further consider the matter upon receipt of the expert report and with the assistance of the Independent Children's Lawyer.