THEOBOLD & SEARBY

In the matter of THEOBOLD & SEARBY, Judge Blake of the Family Court of Australia considered a dispute between a father and mother concerning the schooling of their child, X, born in 2008. The father sought to change X's school, while the mother wished for X to remain at their current private Catholic school. X has been diagnosed with Autism Spectrum Disorder, Selective Mutism, and Executive Functioning Disorder.

The court was required to determine the best interests of the child in relation to their schooling, considering the specific needs arising from their diagnosed conditions. Additionally, the court needed to assess the capacity of each parent to meet the financial obligations associated with the child's education at the proposed school. The evidence presented regarding these matters was noted as deficient.

Judge Blake ordered that X continue to be enrolled at B School from Year 7 in 2021. The father was made responsible for all B School fees and costs for 2021 and 2022. From 2023 onwards, the father was to pay 75% of these costs, with the mother responsible for the remaining 25%, until X completed Year 12. These costs were defined to include school fees, uniforms, technology, excursions, sports equipment, and musical instruments. The father's application filed on 5 March 2020 was otherwise dismissed.