Stevens and McLaren
Case
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[2017] FCCA 2960
•30 November 2017
Details
AGLC
Case
Decision Date
Stevens and McLaren [2017] FCCA 2960
[2017] FCCA 2960
30 November 2017
CaseChat Overview and Summary
In the matter of *Stevens and McLaren*, heard before Judge Harper, the dispute concerned the education of a child born in 2013. The orders indicate a disagreement between the parents regarding the child's schooling and related parental responsibilities.
The court was required to determine which school the child should attend, the allocation of parental responsibility for educational decisions, and the practical arrangements for the child's enrolment and ongoing education. Further issues included the parents' rights to contact the school and the method of their engagement with the child's educational and welfare matters. The court also addressed the child's participation in religious education classes.
Judge Harper ordered that the child attend School B from the first day of Term 1 in 2018 and that the mother have sole parental responsibility for the child's education until the completion of Year 6. The father was directed to withdraw the child's enrolment from School A within 21 days. Both parents were granted liberty to contact the child's school directly to inquire about the child's education and welfare and to receive ordinary parental documents. The father was also permitted to arrange meetings with the child's teacher separately from the mother, at times typically used for parent-teacher interactions. The parties were restrained from attending the school at times when the other parent was delivering or collecting the child. Additionally, unless otherwise agreed in writing, the parents were to cooperate to ensure the child engaged in Special Religious Education classes throughout primary schooling. The matter was adjourned for mention on 3 August 2018.
The court was required to determine which school the child should attend, the allocation of parental responsibility for educational decisions, and the practical arrangements for the child's enrolment and ongoing education. Further issues included the parents' rights to contact the school and the method of their engagement with the child's educational and welfare matters. The court also addressed the child's participation in religious education classes.
Judge Harper ordered that the child attend School B from the first day of Term 1 in 2018 and that the mother have sole parental responsibility for the child's education until the completion of Year 6. The father was directed to withdraw the child's enrolment from School A within 21 days. Both parents were granted liberty to contact the child's school directly to inquire about the child's education and welfare and to receive ordinary parental documents. The father was also permitted to arrange meetings with the child's teacher separately from the mother, at times typically used for parent-teacher interactions. The parties were restrained from attending the school at times when the other parent was delivering or collecting the child. Additionally, unless otherwise agreed in writing, the parents were to cooperate to ensure the child engaged in Special Religious Education classes throughout primary schooling. The matter was adjourned for mention on 3 August 2018.
Details
Key Legal Topics
Areas of Law
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Family Law
Legal Concepts
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Injunction
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Remedies
Actions
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Citations
Stevens and McLaren [2017] FCCA 2960
Most Recent Citation
Levett and Jabaut [2018] FCCA 284
Cases Cited
7
Statutory Material Cited
2
Goode & Goode
[2006] FamCA 1346
SS & AH
[2010] FamCAFC 13
Banks & Banks
[2015] FamCAFC 36