McMurr and Sheill

The Family Court of Australia considered an interlocutory issue concerning the schooling arrangements for a child, D McMurr. The father, Mr McMurr, sought an order authorising him to sign an offer for a special education placement at X Public School for the child, to the exclusion of the mother, Ms Sheill. The mother failed to file a response to the father's application despite court directions and was absent from the hearing.

The court was required to determine whether to grant the father's application for the child to attend a special education placement, notwithstanding the mother's non-compliance with court orders and absence. This involved considering the child's developmental needs, the history of parental disagreement regarding his education and medical treatment, and the previous orders made concerning parental responsibility and the child's schooling.

Justice Foster noted the mother's failure to file a response or appear at the hearing, and the withdrawal of her legal representation due to lack of instructions. The court had previously considered extensive evidence regarding the child's developmental delays, including opinions suggesting characteristics consistent with autistic spectrum disorder, and the significant disagreements between the parents regarding his diagnosis and necessary interventions. The court acknowledged the previous orders for equal shared parental responsibility and the child's attendance at N Public School, but found that the father's application was necessitated by the ongoing difficulties in reaching agreement on appropriate educational support.

The court granted the father's application, authorising him to sign the offer of special placement education at X Public School to the exclusion of the mother. The father's costs for this application were reserved, and the Independent Children's Lawyer was granted liberty to relist the matter if circumstances warranted.