Howell and Garson

This matter concerned an application by the parties, Howell and Garson, before Judge McNab. The dispute revolved around the arrangements for their child, X, specifically concerning her schooling and living arrangements. The court was asked to vary existing orders made on 10 November 2011 and 1 May 2012.

The court was required to determine several legal issues, including the enrolment and attendance of X at a particular school, the nature of the week-about living arrangements between the parties throughout the year, and the specific division of time during school holidays, including Term 3 and the long summer holidays. Additionally, the court considered provisions for the care of X if one parent was unavailable and the obligation of each parent to ensure X's participation in school events.

Judge McNab's reasoning focused on establishing clear and practical arrangements for X's schooling and living schedule. The court varied the existing orders to facilitate X's enrolment and attendance at a specified school from the commencement of Term 1 in 2017. The week-about living arrangements were modified to occur on a consistent basis, including during school holidays, with specific changeover times and procedures. The court also detailed how the Term 3 and long summer holidays would be divided, introducing a system of alternating halves between the parents, with specific provisions for Christmas Eve and the remainder of the summer break. The court also incorporated clauses regarding the first option for care if a parent was unavailable and ensured that both parents were responsible for X's attendance at school events.

The court ordered that Order 17 of the previous orders be discharged and replaced with provisions for X's enrolment and attendance at the specified school. Paragraph 5 of the previous orders was varied to implement the week-about living arrangements with specific changeover times. Orders concerning Term 3 and Term 4 holidays were also varied to establish a clear division of time between the parents. Provisions were made for the care of X if a parent was unavailable, and both parties were ordered to ensure X's attendance at school events. The balance of the previous orders, including those for Christmas, were to remain in full force and effect, and all extant applications were dismissed. The court also noted that the parties agreed to an option for one parent to have X for the entirety of the Term 3 holidays, subject to notice, and that particulars of obligations and consequences of contravention were set out in an annexure.