SCHABER & SCHABER

In the Family Court of Australia, the mother and father were parties to parenting proceedings concerning the schooling of their children. The dispute arose after the mother unilaterally relocated interstate with the children, enrolling the eldest child in a South Australian school and suspending the father's time and communication. The mother sought to enrol the children at a school near her new residence, while the father and an independent children's lawyer sought to maintain the status quo, advocating for the children to continue at their current school which was in close proximity to both parents.

The court was required to determine whether to order a change of schooling for the children, considering the mother's unilateral actions and unsubstantiated allegations against the father. Central to the determination was the paramount consideration of the children's best interests, as mandated by section 60CC of the *Family Law Act 1975* (Cth), and whether the mother's proposed actions favoured her convenience over the children's stability and were child-focused.

Her Honour C. E Kirton QC, applying the principles of the *Family Law Act*, found that the mother's actions, including multiple changes of schooling and unsubstantiated allegations, did not demonstrate a child-focused approach. The court considered the importance of stability for the children and the father's desire to maintain the status quo. Consequently, the court ordered an interim injunction pursuant to section 68B of the *Family Law Act*, restraining the mother from enrolling the children at a school of her choosing and directing that the children continue their attendance at their current school pending the final determination of the proceedings.