MALCHER & MALCHER

In the matter of *Malcher & Malcher*, Loughnan J of the Family Court of Australia considered an application by the father seeking increased time with the children. The mother and father disagreed on the schooling arrangements for their child, D.

The central legal issue before the court was determining the best interests of the child, D, in relation to schooling, as mandated by the *Family Law Act 1975* (Cth). Specifically, the court had to weigh the competing preferences of the parents and consider the practical implications for the child, including the burden of travel.

Loughnan J reasoned that the child's best interests, as outlined in sections 60B, 60CA, and 60CC of the *Family Law Act*, necessitated an order that minimised the burden of travel. The court found that one of the proposed schools was significantly closer to the residences of both parents, making it the more practical and less burdensome option for the child. Consequently, the court ordered that D attend the school closer to the parents' residences.

The court made orders facilitating D's attendance at the W School from the 2014 school year. All other applications by the mother and father were dismissed.