SARGENT & REYNOLDS
Case
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[2013] FCCA 1017
•5 August 2013
Details
AGLC
Case
Decision Date
SARGENT & REYNOLDS [2013] FCCA 1017
[2013] FCCA 1017
5 August 2013
CaseChat Overview and Summary
In the matter of Sargent & Reynolds, heard before Judge Halligan, the dispute concerned the education of the child [X] [Y] Reynolds Sargent. The court was tasked with making orders regarding the child's schooling arrangements.
The central legal issues before the court were how to ensure the child's regular attendance at school in accordance with the *Education Act 1990* (NSW), and to determine the specific school the child would attend, including the process for enrolment and subsequent attendance. The court also considered the use of the child's surname.
Judge Halligan ordered that both parents were obligated to ensure the child attends school as required by law. The court directed the parents to apply for the child's enrolment at [M] School, and if accepted, to ensure the child attends and completes primary education there, unless they agreed otherwise in writing. If the enrolment was not accepted, the parents were to enrol the child in the nearest State primary school to the mother's home, or another State school as referred, and ensure attendance and completion of primary education there, again subject to written agreement. Pending further order, the parents were also directed to authorise school staff and extracurricular activity officials to use the name "[Y]" when referring to the child.
The central legal issues before the court were how to ensure the child's regular attendance at school in accordance with the *Education Act 1990* (NSW), and to determine the specific school the child would attend, including the process for enrolment and subsequent attendance. The court also considered the use of the child's surname.
Judge Halligan ordered that both parents were obligated to ensure the child attends school as required by law. The court directed the parents to apply for the child's enrolment at [M] School, and if accepted, to ensure the child attends and completes primary education there, unless they agreed otherwise in writing. If the enrolment was not accepted, the parents were to enrol the child in the nearest State primary school to the mother's home, or another State school as referred, and ensure attendance and completion of primary education there, again subject to written agreement. Pending further order, the parents were also directed to authorise school staff and extracurricular activity officials to use the name "[Y]" when referring to the child.
Details
Key Legal Topics
Areas of Law
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Family Law
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Statutory Interpretation
Legal Concepts
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Remedies
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Statutory Construction
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Citations
SARGENT & REYNOLDS [2013] FCCA 1017
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