Marsden and Marsden
Case
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[2016] FamCA 220
•8 April 2016
Details
AGLC
Case
Decision Date
Marsden and Marsden [2016] FamCA 220
[2016] FamCA 220
8 April 2016
CaseChat Overview and Summary
In the matter of *Marsden and Marsden*, heard before McClelland J, the dispute concerned arrangements for the education of two children, V and A. The specific nature of the disagreement leading to the court's intervention is not detailed, but the orders made indicate a contest regarding school enrolment and associated financial obligations.
The court was required to determine the immediate educational placements for both children. This involved deciding whether V should remain enrolled at X School and whether A should be re-enrolled at W School, with a contingency plan if re-enrolment at W School proved impossible. The court also had to address the conditions under which these arrangements would be implemented, particularly concerning the payment of school fees.
McClelland J ordered that V was to remain enrolled at X School. For A, the court stipulated that re-enrolment at W School was conditional upon the father paying all outstanding fees to that institution. The parties were directed to cooperate in facilitating this re-enrolment. Should re-enrolment at W School not be feasible, the parties were ordered to enrol A at a school determined by the New South Wales Department of Education as the most appropriate.
The court was required to determine the immediate educational placements for both children. This involved deciding whether V should remain enrolled at X School and whether A should be re-enrolled at W School, with a contingency plan if re-enrolment at W School proved impossible. The court also had to address the conditions under which these arrangements would be implemented, particularly concerning the payment of school fees.
McClelland J ordered that V was to remain enrolled at X School. For A, the court stipulated that re-enrolment at W School was conditional upon the father paying all outstanding fees to that institution. The parties were directed to cooperate in facilitating this re-enrolment. Should re-enrolment at W School not be feasible, the parties were ordered to enrol A at a school determined by the New South Wales Department of Education as the most appropriate.
Details
Key Legal Topics
Areas of Law
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Family Law
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Civil Procedure
Legal Concepts
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Jurisdiction
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Injunction
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Remedies
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Costs
Actions
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Citations
Marsden and Marsden [2016] FamCA 220
Most Recent Citation
MARSDEN & MARSDEN [2018] FamCA 157
Cases Cited
2
Statutory Material Cited
1
Marsden & Marsden
[2015] FamCA 387
Marsden & Marsden (No 2)
[2015] FamCA 855