FAMILY COURT OF AUSTRALIA
Richmond & Tirado [2020] FamCA 1044
File number(s): CAC 695 of 2018 Judgment of: GILL J Date of judgment: 8 December 2020 Catchwords: FAMILY LAW – CHILDREN – choice of schooling for the child pending final hearing – where there is a high degree of conflict between the parties – where the child has participated in transition sessions connected to a particular school – where the child has formed an expectation that he will be attending that school – where the child has formed friendships with children who will be attending the school – where additional changes to the child’s schooling arrangements are to be avoided in the context where the mother proposes to relocate interstate on a final basis – costs Legislation: Family Law Act 1975 (Cth) ss 60CC, 117 and 117(2A) Cases cited: Bilz & Breugelman [2013] FamCA 578 Number of paragraphs: 21 Date of hearing: 8 December 2020 Place: Canberra Counsel for the Applicant: Mr Haddock Solicitor for the Applicant: KJB Law Solicitor for the Respondent: Evans Family Lawyers Solicitor for the Independent Children's Lawyer: Legal Aid, ACT ORDERS
CAC 695 of 2018 BETWEEN: MS TIRADO
Applicant
AND: MR RICHMOND
Respondent
AND: LEGAL AID
Independent Children’s Lawyer
ORDER MADE BY:
GILL J
DATE OF ORDER:
8 DECEMBER 2020
THE COURT ORDERS THAT:
1.I dismiss the mother's Application in a Case in so far as it relates to X’s schooling arrangements for 2021 as filed on 16 November 2020.
2.The father is entitled to enrol X at the C School and to maintain his enrolment there.
IT IS NOTED THAT
3.The father asserts that he will meet all the school expenses for X in X’s attendance at the C School.
IT IS FURTHER ORDERED THAT
4.The parties are directed to do all things necessary to ensure that the mother has full authority to contact the school in relation to X and arrangements for X and has any authority usually given to parents to enable the inspection of any records pertaining to X, including but not limited to enrolment records, educational records and records as they pertain to the payment of fees in respect of X.
5.The father’s Application for Costs is dismissed.
6.Each party will bear his or her own costs.
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 17.02A(b) of the Family Law Rules 2004 (Cth)), or to record a variation to the order pursuant to 17.02 Family Law Rules 2004 (Cth).
IT IS NOTED that publication of this judgment by this Court under the pseudonym Richmond & Tirado has been approved by the Chief Justice pursuant to s 121(9)(g) of the Family Law Act 1975 (Cth).
EX TEMPORE REASONS FOR JUDGMENT
GILL J:
These proceedings take place in the context of a highly conflictual relationship between the mother and the father, being a…
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CaseChat Overview and Summary
The central legal issue before the court was to determine which school X should attend for the upcoming academic year, given the significant conflict between the parents. This determination required the court to consider the child's best interests in the context of the existing circumstances, including the child's participation in transition sessions for a particular school, his expressed expectation of attending that school, and the formation of friendships with peers who would also be attending. The court also had to weigh these factors against the mother's proposed interstate relocation on a final basis.
Gill J reasoned that in circumstances of high parental conflict, it was generally in the child's best interests to avoid further disruption to his schooling arrangements. The court noted that X had participated in transition sessions for a particular school, had formed an expectation of attending it, and had made friendships with children who would be attending. These factors, coupled with the mother's proposed interstate relocation, weighed against making further changes to X's schooling. Consequently, the court dismissed the mother's application concerning X's schooling for 2021.
The court ordered that the father was entitled to enrol X at C School and to maintain his enrolment there.
Orders
Orders of the court
THE COURT ORDERS THAT:
1. I dismiss the mother's Application in a Case in so far as it relates to X’s schooling arrangements for 2021 as filed on 16 November 2020.
2. The father is entitled to enrol X at the C School and to maintain his enrolment there.
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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