JOYCE & ANTONY

In the Family Court of Australia, Justice Baumann considered an application by the father for an interim change of residence for the child. The parents resided over 400 kilometres apart, and a final hearing was scheduled in six months, at which time all evidence could be tested. The proposed change of residence would necessitate a change of schooling for the child.

The primary legal issue before the Court was whether an interim change of residence was in the child's best interests, given the proximity of the final hearing and the stability provided by the child remaining at his current school. The Court was required to balance the father's request against the potential disruption to the child's life.

Justice Baumann reasoned that the child's current schooling provided significant stability and was a substantial factor supporting the child remaining in the mother's primary care. The Court was not persuaded that an interim change of residence would serve the child's best interests at this stage. Consequently, the existing interim orders were to continue, with variations made to reduce the child's travel time.

The Court made interim orders varying previous arrangements concerning the child's time with the father, specifying the timing and location of changeovers, and mandating the child's commencement at T School from the beginning of term four 2020. The mother was ordered to inform the father immediately if the child was unable to attend school. The proceedings were listed for a Case Management Hearing on 11 December 2020, and the Court date of 7 December 2020 was vacated. Costs of the Application in a Case were reserved to the trial Judge.