FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA
(DIVISION 2)
Medina & Joon [2024] FedCFamC2F 1647
File number(s): MLC 13366 of 2024 Judgment of: JUDGE JENKINS Date of judgment: 21 November 2024 Catchwords: FAMILY LAW – PARENTING – interim schooling application – all schools more than prima facie satisfactory and otherwise capable of meeting the children’s needs – parents intentions for the children’s education – children’s expectations – impact on children of a change of school – best interests of children met by remaining at current school Legislation: Family Law Act 1975 (Cth) ss 60CC, 60CG, 69ZL Cases cited: Bliz & Breugelman [2013] Fam CA 578
Franklyn & Franklyn [2019] FamCAFC 256
Re G:Children’s Schooling [2000] FamCA 462
Division: Division 2 Family Law Number of paragraphs: 60 Date of hearing: 13 November 2024 Place: Melbourne Counsel for the Applicant: Mr Dickson KC Solicitor for the Applicant: Marshalls Dent & Wilmoth Counsel for the Respondent: Mr Puckey KC Solicitor for the Respondent: Lander & Rogers
Table of Corrections 21 November 2024 Paragraph 41 has been amended pursuant to r 10.13(1)(h) of the Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (“r 10.13(1)(h)”) to reflect the Court’s intention ORDERS
MLC 13366 of 2024 FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 2)
BETWEEN: MR MEDINA
Applicant
AND: MS JOON
Respondent
ORDER MADE BY:
JUDGE JENKINS
DATE OF ORDER:
21 NOVEMBER 2024
Amended pursuant to r 10.13(h) of the Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth) on 21 November 2024
THE COURT ORDERS THAT:
1.Until further order or as otherwise agreed between the parties in writing, the children of the marriage: X born in 2012, Y born in 2013, and Z born in 2015 (“the children”) continue to attend B School and the parties be and are hereby restrained from facilitating their attendance at any other school.
2.All interim applications be otherwise dismissed.
Note: The form of the order is subject to the entry in the Court’s records.
Note: This copy of the Court’s Reasons for judgment may be subject to review to remedy minor typographical or grammatical errors (r 10.14(b) Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth)), or to record a variation to the order pursuant to r 10.13 Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth).
Part XIVB of the Family Law Act 1975 (Cth) makes it an offence, except in very limited circumstances, to publish an account of proceedings that identify persons, associated persons, or witnesses involved in family law proceedings.
IT IS NOTED that publication of this judgment by this Court under a pseudonym has been approved pursuant to subsection 114Q(2) of the Family Law Act 1975 (Cth).
REASONS FOR JUDGMENT
JUDGE JENKINS:
INTRODUCTION
This is a parenting matter concerning three children:
(1)X (“X”), born in 2012, aged 12 years old;
(2)Y (“Y”), born in 2013, aged 10 years old; and
(3)Z (“Z”), born in 2015, aged nine years old.
The dispute concerns…
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CaseChat Overview and Summary
In delivering the judgment, Judge Jenkins examined the evidence provided by both parties. The court found that the current school was more than satisfactory and capable of meeting the children's needs. Both parents had intentions for the children’s education that were consistent with maintaining their enrolment at the current school. Additionally, the children themselves had settled into their current school and appeared to have expectations that aligned with continuing their education there. The court concluded that a change of school at this juncture could have a negative impact on the children, disrupting their current educational and social environment. Thus, the court determined that the best interests of the children were met by allowing them to remain at their current school.
Based on the above considerations, the court ordered that the children continue to attend B School until further order or as otherwise agreed by the parties in writing. All other interim applications were dismissed. This decision ensures the children's stability and continuity in their educational environment while the broader parenting dispute is resolved.
Orders
Orders of the court
MLC 13366 of 2024
FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 2)
BETWEEN:
MR MEDINA
Applicant
AND:
MS JOON
Respondent
ORDER MADE BY:
JUDGE JENKINS
DATE OF ORDER:
21 NOVEMBER 2024
Amended pursuant to r 10.13(h) of the Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth) on 21 November 2024
THE COURT ORDERS THAT:
1. Until further order or as otherwise agreed between the parties in writing, the children of the marriage: X born in 2012, Y born in 2013, and Z born in 2015 (“the children”) continue to attend B School and the parties be and are hereby restrained from facilitating their attendance at any other school.
2. All interim applications be otherwise dismissed.
Note: The form of the order is subject to the entry in the Court’s records.
Note: This copy of the Court’s Reasons for judgment may be subject to review to remedy minor typographical or grammatical errors (r 10.14(b) Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth)), or to record a variation to the order pursuant to r 10.13 Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth).
Part XIVB of the Family Law Act 1975 (Cth) makes it an offence, except in very limited circumstances, to publish an account of proceedings that identify persons, associated persons, or witnesses involved in family law proceedings.
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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