Morgan and Morgan

In this matter before the Family Court of Australia, Mr Morgan (the applicant father) and Ms Morgan (the respondent mother) were engaged in parenting proceedings concerning their child, B, born in 2002. The primary dispute revolved around the child's living arrangements and schooling, with both parents seeking primary care. Previous orders from Judicial Registrar Johnston in April 2010 and June 2010 had established specific time arrangements for the child with the father.

The court was required to determine several key issues. Firstly, whether the child should change schools from her current school in Suburb H to AV Public School in Suburb W, as sought by the mother. Secondly, the court needed to consider interim arrangements for the child's time with the father, specifically in light of an independent expert report by Dr K and the high level of conflict between the parents. Finally, the appropriate location for the changeover of the child between parents was to be addressed.

Justice Fowler considered the report of Dr K, which indicated the child's acceptance of a transfer to AV school, but noted that the report was untested. The court observed that the child currently travels a significant distance to school, which the mother argued was tiring and not in the child's best interests. The father opposed the school change, suggesting it would mean the child moving twice. The court found that subjecting the child to potentially two school moves was not in her best interests and therefore adjourned the mother's application for a school change to the main hearing. Regarding interim arrangements, and noting the high level of hostility between the parents and the pressure on the child from travel, the court discharged the mid-week contact order and limited the father's time to Sundays, as proposed and consented to by the mother. The father consented to the proposed changeover location at McDonalds Restaurant in Suburb AA.