Mercer and Kinch

Case

[2008] FamCA 1005

12 September 2008


Details
AGLC Case Decision Date
Mercer and Kinch [2008] FamCA 1005 [2008] FamCA 1005 12 September 2008

CaseChat Overview and Summary

In the matter of *Mercer and Kinch*, heard before Brown J, the dispute concerned the enrolment of the child, K, born in August 2002. The father sought to enrol K at C Primary School, commencing in the fourth school term of 2008, while the mother sought for K to continue attending S Primary School in Y.

The court was required to determine the appropriate primary school for the child, K, and the terms of her attendance and the parents' involvement with the school. This involved considering the best interests of the child in relation to her education and parental access to school activities.

Brown J ordered that the father be at liberty to enrol K at C Primary School from the start of the fourth school term in 2008, and to maintain her enrolment until further order. The child was to continue attending S Primary School for the remainder of the third school term. The mother was granted liberty to attend C Primary School for events and activities routinely attended by parents, including classroom programs. A Family Report was ordered to be prepared and released, and the matter was adjourned for further hearing.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Costs

  • Jurisdiction

  • Procedural Fairness

  • Remedies

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