Short and Trevilian
Case
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[2009] FamCA 1139
•23 January 2009
Details
AGLC
Case
Decision Date
Short and Trevilian [2009] FamCA 1139
[2009] FamCA 1139
23 January 2009
CaseChat Overview and Summary
This matter concerned a dispute between Ms Short (the mother) and the father regarding the education of their child, V. The proceedings were heard by Ryan J in the Family Court of Australia.
The court was required to determine issues relating to parental responsibility for V's education, specifically concerning her enrolment at R College and the mother's obligations to inform the father of major long-term educational decisions. The court also had to consider the admission of certain documents into evidence and the potential for inconsistencies in previous evidence.
Ryan J ordered that the mother have sole parental responsibility for making decisions concerning V's education. The mother was directed to re-enrol V at R College if V wished to return before the end of Term 2 in 2009, provided the father had paid the necessary holding fee and the place remained available. The mother was also ordered to provide the father with at least 14 days' notice of any major long-term educational decisions and to provide written authority for schools to supply V's reports and other information to the father at his expense. Any prior parenting orders or injunctions inconsistent with these new orders were discharged. The court also made detailed provisions regarding the inclusion of a fact sheet outlining obligations and consequences of contravention, and established a process for the admission of trial documents and submissions concerning evidence.
The court was required to determine issues relating to parental responsibility for V's education, specifically concerning her enrolment at R College and the mother's obligations to inform the father of major long-term educational decisions. The court also had to consider the admission of certain documents into evidence and the potential for inconsistencies in previous evidence.
Ryan J ordered that the mother have sole parental responsibility for making decisions concerning V's education. The mother was directed to re-enrol V at R College if V wished to return before the end of Term 2 in 2009, provided the father had paid the necessary holding fee and the place remained available. The mother was also ordered to provide the father with at least 14 days' notice of any major long-term educational decisions and to provide written authority for schools to supply V's reports and other information to the father at his expense. Any prior parenting orders or injunctions inconsistent with these new orders were discharged. The court also made detailed provisions regarding the inclusion of a fact sheet outlining obligations and consequences of contravention, and established a process for the admission of trial documents and submissions concerning evidence.
Details
Key Legal Topics
Areas of Law
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Family Law
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Civil Procedure
Legal Concepts
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Jurisdiction
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Procedural Fairness
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Citations
Short and Trevilian [2009] FamCA 1139
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