Licata & Buxton

In the matter of *Licata & Buxton*, heard by Judge A Kelly, the dispute concerned the primary schooling arrangements for the child, X. The parents, the applicant father and the respondent mother, shared equal parental responsibility on a week-about basis and were unable to agree on where X should commence primary school. X was attending two kindergartens at the time.

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violence intervention order that had prevented the child from spending time with the father, which had since been withdrawn.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.