WARD & WARD

[2015] FCCA 1003

FEDERAL CIRCUIT COURT OF AUSTRALIA

WARD & WARD [2015] FCCA 1003

Catchwords:
FAMILY LAW – Children – parenting orders – child’s schooling – best interests of the child – whether it is in child’s best interests to attend the same high school as his brother – child’s wishes – weight to be given to child’s wishes – consideration of Family Report.

FAMILY LAW – Costs – costs of the Independent Children’s Lawyer – consideration of matters in Family Law Act 1975 (Cth) s.117(2A) – financial circumstances of each of the parties a relevant consideration.

Legislation:

Family Law Act 1975 (Cth), ss.60B, 60CA, 60CC, 61DA, 65DAA, 117

Cases cited:
Re G: Children’s Schooling [2000] FamCA 462; (2000) 26 Fam LR 143; FLC 93-025

Applicant: MS WARD

Respondent: MR WARD

File Number: CSC 260 of 2013

Judgment of: Judge Scarlett

Hearing dates: 24 March 2015

Date of Last Submission: 24 March 2015

Delivered at: Cairns

Delivered on: 24 March 2015

REPRESENTATION

Solicitor for the Applicant: Mr Weston

Solicitors for the Applicant: Luke Weston Solicitor

Respondent: In Person

Counsel for the Independent Children's Lawyer: Ms Lawrence

Independent Children's Lawyer: Sandra Sinclair

ORDERS

1. The Applicant Mother and the Respondent Father are to do all things necessary to enrol the child, X born (omitted) 2004 at the (omitted) High School at the commencement of the child’s secondary education. 

2. The Mother and the Father must each pay to Legal Aid Queensland the sum of $2,500.00, by way of their individual contributions to the costs of the Independent Children’s Lawyer and I allow 12 months to pay. 

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

FEDERAL CIRCUIT COURT
OF AUSTRALIA
AT CAIRNS

CSC 260 of 2013

MS WARD

Applicant

And

MR WARD

Respondent

REASONS FOR JUDGMENT

Application

1. There are parenting and property issues between the parties.  The property issues remain unresolved, and will be adjourned until tomorrow with the view to their being resolved.

2. The parenting proceedings, however, have largely been resolved.  I have heard some evidence from the writer of the Family Report, and the Independent Children’s Lawyer and her counsel have produced minutes of proposed consent orders. 

3. The parties have agreed, individually, to all but two of the parenting orders which largely resolve issues relating to their two sons, Y and X.  Those orders which have been agreed have now been the subject of orders by consent, and they have been arrived at after lengthy consideration and discussion between the Independent Children’s Lawyer, the Mother and her solicitor, and the Father. 

4. There are two issues which are yet to be resolved to bring the parenting proceedings to an end.  One of them is a proposed order relating to the parties younger son, X, which would require the parties to enrol him at the (omitted) High School when he commences his secondary education which should be at the beginning of the next school year.  He is currently…