Stewart and Stewart

[2016] FCCA 1350

FEDERAL CIRCUIT COURT OF AUSTRALIA

STEWART & STEWART [2016] FCCA 1350

Catchwords:
FAMILY LAW – Parenting – final orders in place – both parties seek orders for schooling – mother seeks sole responsibility for choosing extra-curricular activities.

Legislation:

Family Law Act 1975

Applicant: MR STEWART

Respondent: MS STEWART

File Number: BRC 1248 of 2013

Judgment of: Judge Coates

Hearing date: 31 May 2016

Date of Last Submission: 31 May 2016

Delivered at: Brisbane

Delivered on: 6 June 2016

REPRESENTATION

Solicitors for the Applicant: Self-represented

Counsel for the Respondent: Mr P Hanlon

Solicitors for the Respondent: North Law

ORDERS

1. That, unless otherwise agreed in writing between the parties, the children, [X] born … 2006 and [Y] born … 2008 (“the children”) attend high school at Suburb A High School. In the event the children are not accepted into Suburb A High School, then the children are to attend at a State High School in their residential catchment area.

2. That the parents be at liberty to choose one (1) extra-curricular activity for the children as follows:

   (a)In 2016 and each even numbered year thereafter, the mother be permitted to select one (1) extra-curricular activity per term for each of the children; and

   (b)In 2017 and each odd numbered year thereafter, the father be permitted to select one (1) extra-curricular activity per term for each of the children.

3. That for the purposes of Order 2 hereof, the parent who is making the decision as to the children’s extra-curricular activity is to notify the other parent of the decision in writing by no later than three (3) weeks prior to the commencement of the activity.

IT IS NOTED that publication of this judgment under the pseudonym Stewart & Stewart is approved pursuant to s.121(9)(g) of the Family Law Act 1975 (Cth).

FEDERAL CIRCUIT COURT
OF AUSTRALIA
AT BRISBANE

BRC 1248 of 2013

MR STEWART

Applicant

And

MS STEWART

Respondent

REASONS FOR JUDGMENT

1. Final orders for the children, [X] born … 2006 and [Y] born … 2008, were made on 11 July 2014 by consent.

2. Pursuant to those orders the children live with the mother and spend alternate weekends with the father.

3. The orders made provision for school holiday time with both parents.

4. No orders were made for the children to attend a specific school.

5. The matter has returned to court to determine a dispute over choice of school, payment of school fees and who may make decisions for extra-curricular activities.

6. No orders were made for schools in the original orders, because during the marriage and after separation, the parents envisaged that [X] would attend Suburb B Grammar School and [Y] would attend Suburb C Grammar School.

7. By way of background:

   a)The parents commenced their relationship in … 2004;

   b)The married in … 2005;

   c)They separated on 17 May 2011;

   d)The father is aged 49;

   e)He is a professional by profession;

   f)The mother is aged 44;

   g)She is a student;

   h)Final property orders were made 22 April 2014, a matter relevant to the resources of…