H and W and P
[2004] FMCAfam 766
•22 December 2004
FEDERAL MAGISTRATES COURT OF AUSTRALIA
| H & W & P | [2004] FMCAfam 766 |
| FAMILY LAW – Children – residence application by maternal grandmother – home schooling. |
| Applicant: | RH |
| Respondents: | PW and AP |
| File No: | PAM3317 of 2004 |
| Delivered on: | 22 December 2004 |
| Delivered at: | Parramatta |
| Hearing date: | 22 December 2004 |
| Judgment of: | Emmett FM |
REPRESENTATION
| Solicitors for the Applicant: | Ms Lioumis, Legal Aid Commission of NSW |
| No appearance by or on behalf of the Respondent’s. |
ORDERS
Pending Further Order:
That the child HJ (“the Child”), reside with the Applicant.
The Applicant have the sole responsibility for the long term care, welfare and development of the Child.
The Applicant have the sole responsibility for the day to day care, welfare and development of the Child.
The Child forthwith be enrolled in WPG School commencing at the beginning of the first school term in 2005 and direct the Applicant to provide to the Legal Aid Commission confirmation of the Child’s enrolment at WPG School and confirmation after the commencement of the school term that the Child is attending WPG High School.
Direct the Applicant to file and serve any further Affidavit upon which she seeks to rely by 15 April 2005.
Pursuant to s.62G of the Family Law Act 1975 a Family report be prepared for the Court by a counsellor nominated by the Director of Court Counselling of this Registry of the Court. I request that this Report be prepared by 22 April 2005.
The matter is otherwise adjourned to 5 May 2005 at 10.00am for hearing.
| FEDERAL MAGISTRATES COURT OF AUSTRALIA AT PARRAMATTA |
PAM3317 of 2004
| RH |
Applicant
And
| PW and AP |
Respondents
REASONS FOR JUDGMENT
The application
The Applicant seeks final orders in respect of the child HJ (“the Child”).
HJ is the natural grandchild of the Applicant and has lived with the Applicant since 1995 having last seen her mother in 1998 and her father in Pakistan in 2000.
The evidence
I have had regard to the evidence before me in respect of the Applicant's Application, particularly the Affidavits filed on 30 June 2004 and 22 December 2004 together with the Affidavit of attempted service filed on 30 June 2004.
I have also had regard to the Family Report dated 21 September 2004.
Concern with home schooling
The Applicant converted to Islam 30 years ago and the Child is being brought up in that religion and culture.
The reason that I am concerned about making final orders at this stage is the desire of both the Applicant and the Child for her to participate in home schooling from the commencement of high school in 2005 rather than attend the local high school.
In particular I am concerned whether the Applicant has given sufficient consideration to the benefit to the Child of attending a school environment and participating in school life and further not having given sufficient consideration to the disadvantages of home schooling and the relatively controlled and cloistered atmosphere that that can provide.
I accept that HJ has an excellent relationship with her grandmother, however, there is a complete absence of any school reports before me since HJ has been living with her grandmother as to her progress and her social interaction with her peers.
Further, the Applicant has not appeared today and is therefore unavailable to provide further evidence to the Court.
In the circumstances I am not satisfied that home schooling is in the best interest of the Child and accordingly I order on an interim basis that the Child be enrolled in WPG School pending further order.
I certify that the preceding ten (10) paragraphs are a true copy of the reasons for judgment of Emmett FM
Associate: S Riddle
Date: 1 March 2005
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