Richmond & Tirado

In the matter of *Richmond & Tirado*, heard before Gill J, the dispute concerned the schooling arrangements for a child, X, pending a final hearing. The parties, the mother and the father, were in a high degree of conflict regarding X's education. The mother sought to have X enrolled in a particular school for 2021, while the father sought to enrol X at a different school, C School.

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.