FAMILY COURT OF AUSTRALIA
| SAVARD & SAVARD | [2020] FamCA 960 |
| FAMILY LAW – CHILDREN – Best interests – schooling – where the parties cannot agree on what secondary school the child will attend – where the Independent Children’s Lawyer supported the mother’s proposal –where the court makes orders in accordance with the father’s minute. |
| Family Law Act 1975 (Cth) s 60CC |
| Bilz & Breugelman [2013] FamCA 578 Banks & Banks (2015) FLC 93-637 Canvil & Merle and Ors [2019] FamCA 684 Eden & Eden-Proust [2011] FamCAFC 138 Re G (Children’s Schooling) (2000) FLC 93-025 Rice v Asplund (1979) FLC 90-725 |
| APPLICANT: | Mr Savard |
| RESPONDENT: | Ms Savard |
| INDEPENDENT CHILDREN’S LAWYER: | Ms Agresta |
| FILE NUMBER: | MLC | 13808 | of | 2018 |
| DATE DELIVERED: | 18 November 2020 |
| PLACE DELIVERED: | Melbourne |
| PLACE HEARD: | Melbourne |
| JUDGMENT OF: | Macmillan J |
| HEARING DATE: | 26 October 2020 |
REPRESENTATION
| COUNSEL FOR THE APPLICANT: | Ms Vohra SC |
| SOLICITOR FOR THE APPLICANT: | Starkie Law Group |
| THE RESPONDENT: | In Person |
| COUNSEL FOR THE INDEPENDENT CHILDREN’S LAWYER: | Ms Agresta |
| SOLICITOR FOR THE INDEPENDENT CHILDREN’S LAWYER: | Victoria Legal Aid |
Orders
That until further order, the child Y born … 2008 attend Suburb B High School starting in 2021, and that the parents forthwith sign all documents and do all things necessary for the child to be enrolled at Suburb B High School.
The Application in a Case file by the father on 15 October 2020 be otherwise dismissed and removed the list of cases awaiting hearing.
Note: The form of the order is subject to the entry of the order in the Court’s records.
IT IS NOTED that publication of this judgment by this Court under the pseudonym Savard & Savard has been approved by the Chief Justice pursuant to s 121(9)(g) of the Family Law Act 1975 (Cth).
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 r 17.02 Family Law Rules 2004 (Cth).
| FAMILY COURT OF AUSTRALIA AT MELBOURNE |
FILE NUMBER: MLC 13808 of 2018
| Mr Savard |
Applicant
And
| Ms Savard |
Respondent
And
Independent Children’s Lawyer
REASONS FOR JUDGMENT
Introduction
This matter has had a lengthy history and in circumstances where the matter cannot be determined on a final basis prior to the commencement of the 2021 school year, the Court is now required to determine which schools the children should attend and in particular where the eldest child should commence his secondary education. The matter has been otherwise listed for final hearing on 15 March 2021 when the Court will be required to determine whether the children should live primarily with the father or the mother.
Background
The father is 48 years of age and lives with his new partner in Suburb A. The mother is 47 years of age and lives in Suburb D. She does not have a new partner.
The parties were married in 2003 and separated in…
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- AGLC
- SAVARD & SAVARD [2020] FamCA 960
- Case
- [2020] FamCA 960
- Decision Date
CaseChat Overview and Summary
The central legal issue before the court was to determine the appropriate secondary school for the child, Y, and to make orders compelling the parents to facilitate Y's enrolment.
Macmillan J ordered that, until further order, the child Y, born in 2008, was to attend Suburb B High School commencing in 2021. The court further ordered that both parents were required to immediately sign all necessary documents and take all steps required to ensure Y's enrolment at Suburb B High School. The father's application filed on 15 October 2020 was otherwise dismissed and removed from the list of cases awaiting hearing.
Orders
Orders of the court
1.
That until further order, the child Y born … 2008 attend Suburb B High School starting in 2021, and that the parents forthwith sign all documents and do all things necessary for the child to be enrolled at Suburb B High School.
2.
The Application in a Case file by the father on 15 October 2020 be otherwise dismissed and removed the list of cases awaiting hearing.
Note: The form of the order is subject to the entry of the order in the Court’s records.
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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