Montes & Booker

This matter concerned interim parenting arrangements for a child, X, born in 2015. The parties, the Mother and the Father, were unable to agree on which school X would attend in 2021, with the Mother favouring a school closer to her residence and the Father preferring a school equidistant from both parties' homes. The dispute also involved whether the Father's time with X should be increased. The proceedings were before Judge O'Shannessy.

The court was required to determine the interim schooling arrangements for X and consider the father's application for an increase in his time with the child. The central legal issue revolved around the best interests of the child, particularly in relation to his education and the practicalities of parental time, given the parties' differing preferences for his schooling.

The court applied the principles of the *Family Law Act 1975* (Cth), including sections relating to parental responsibility and the best interests of the child, referencing *Goode & Goode* [2006] FLC 93-286. The judge acknowledged that parental convenience is a significant factor relating to a child's welfare, especially at preschool and prep age, and found no clear division between parental and child convenience in this instance. The court noted the parties' respective careers and the advantages this provided for the child.

By consent, the parties were ordered to have equal shared parental responsibility for X. The court made orders regarding holiday time for the 2020/2021 summer period and for school term holidays commencing in 2021, with alternating arrangements for odd and even years. X was ordered to live with the Mother, and specific time arrangements were made for X to spend time with the Father on a two-week cycle. Crucially, the court ordered that both parties do all necessary acts to enrol X at Suburb B School. The proceedings were adjourned for a Final Hearing on 4 May 2021, with various directions for filing evidence and case outlines.