FEDERAL CIRCUIT COURT OF AUSTRALIA
| LICATA & BUXTON | [2019] FCCA 3181 |
| Catchwords: FAMILY LAW – Parenting – interim – schooling – where parties unable to agree where child should commence primary schooling – where the child currently attends two kindergartens – where parties share equal parental responsibility on a week about basis – where mother refuses to attend mediation – where mother unilaterally enrols child in primary school of her choosing – where child displays sexualised behaviour with other children – DHHS investigation into the sexualised behaviour of the child – where the Australian Childhood Foundation provided support to the parties and the child – family consultant not provided DHHS report or s 11F report – where an application for a family violence intervention order prevented the child from spending time with the applicant father – where family violence intervention order has since been withdrawn – best interests of the child – applicable principles – application granted. |
| Legislation: Family Law Act 1975 (Cth), ss.4, 4AB, 60, 60B, 60CA, 60CC, 65D, 70Q |
| Cases cited: Amaca Pty Ltd (Under New South Wales Administered Winding Up) v King [2011] VSCA 447 |
| Applicant: | MR LICATA |
| Respondent: | MS BUXTON |
| File Number: | MLC 6325 of 2019 |
| Judgment of: | Judge A Kelly |
| Hearing date: | 30 October 2019 |
| Date of Last Submission: | 30 October 2019 |
| Delivered at: | Melbourne |
| Delivered on: | 14 November 2019 |
REPRESENTATION
| Counsel for the Applicant: | Ms Swann |
| Solicitors for the Applicant: | RNG Lawyers |
| Solicitor-Advocate for the Respondent: | Mr Roberts |
| Solicitors for the Respondent: | Go To Court Law |
THE COURT ORDERS THAT:
The applicant father and respondent mother forthwith sign all documents and do all things as may be necessary to enrol the child X born on … 2014 in A Primary School, Suburb B, to commence in term one, 2020.
Pursuant to ss 65DA (2) and 62B of the Family Law Act 1975 (Cth), the particulars of the obligations these orders create and the particulars of the consequences that may follow if a person contravenes the orders and details of who can assist the parties adjust to and comply with an order are set out in the Fact Sheet attached hereto and these…
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- AGLC
- LICATA & BUXTON [2019] FCCA 3181
- Case
- [2019] FCCA 3181
- Decision Date
CaseChat Overview and Summary
The court was required to determine the best interests of the child in relation to his schooling. Key issues included the mother's unilateral enrolment of X in a school of her choosing, her refusal to attend mediation, and a prior family violence intervention order that had prevented the child from spending time with the father, which had since been withdrawn. The court also noted a DHHS investigation into sexualised behaviour displayed by X, and support provided by the Australian Childhood Foundation.
Judge Kelly applied the principles relating to the best interests of the child under the *Family Law Act 1975* (Cth). The court reasoned that the father's application for specific schooling arrangements should be granted. The court ordered that the applicant father and respondent mother forthwith sign all documents and do all things necessary to enrol the child X in A Primary School, Suburb B, to commence in term one, 2020. The orders also included particulars of obligations, consequences of contravention, and details of assistance for compliance, as set out in an attached Fact Sheet.
Orders
Orders of the court
1.
The applicant father and respondent mother forthwith sign all documents and do all things as may be necessary to enrol the child X born on … 2014 in A Primary School, Suburb B, to commence in term one, 2020.
2.
Pursuant to ss 65DA (2) and 62B of the Family Law Act 1975 (Cth), the particulars of the obligations these orders create and the particulars of the consequences that may follow if a person contravenes the orders and details of who can assist the parties adjust to and comply with an order are set out in the Fact Sheet attached hereto and these particulars are included in these orders.
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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