Tonks and Tonks

In the matter of *Tonks and Tonks*, heard by Judge Scarlett, the dispute concerned interim parenting orders regarding the schooling of the parties' eleven-year-old daughter, X, who was about to commence high school. The court was required to determine the best interests of the child in relation to her education, specifically the choice of school, and how to treat the child's wishes in this decision.

The court's reasoning focused on the paramount consideration of the child's best interests in determining her schooling arrangements. Judge Scarlett considered the importance of educational stability for a child entering high school and the need for a clear decision to be made promptly. The court also noted the procedural requirement that all affidavits filed must comply with the Federal Circuit Court Rules 2001.

The orders made by the court directed the applicant mother and respondent father to enrol X at a specific college in New South Wales to commence in January 2015. The parties were restrained from withdrawing X from the college without court leave, and were ordered to provide the college with their contact details and authorise the principal to share school-related information with both parents. The mother was ordered to pay all tuition and school fees, and both parties were directed to attend interviews for a Family Report concerning X and their younger child, Y.