Stewart and Stewart

Case

[2016] FCCA 1350

6 June 2016


Details
AGLC Case Decision Date
Stewart and Stewart [2016] FCCA 1350 [2016] FCCA 1350 6 June 2016

CaseChat Overview and Summary

In *Stewart and Stewart*, the parties, the mother and father, brought their dispute concerning the future schooling and extracurricular activities of their two children before the court. The court was tasked with making orders regarding these matters in light of the parents' inability to reach an agreement.

The primary legal issues before the court were the determination of the children's high school placement and the allocation of decision-making power for their extracurricular activities. Specifically, the court had to decide which high school the children would attend and establish a framework for how decisions about their participation in extracurricular activities would be made by each parent.

The court ordered that, absent a written agreement to the contrary, the children were to attend Suburb A High School. If admission to that school was not possible, they were to attend a state high school within their residential catchment area. Regarding extracurricular activities, the court established a rotational system: the mother would select one activity per term for each child in even-numbered years, and the father would do so in odd-numbered years. The parent making the selection was required to notify the other in writing at least three weeks before the activity commenced.
Details

Areas of Law

  • Family Law

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