WARD & WARD

Case

[2015] FCCA 1003

24 March 2015


Details
AGLC Case Decision Date
WARD & WARD [2015] FCCA 1003 [2015] FCCA 1003 24 March 2015

CaseChat Overview and Summary

In the matter of *Ward & Ward*, heard before Judge Scarlett, the dispute concerned parenting orders relating to a child's schooling. The applicant mother and respondent father disagreed on whether their son should attend the same high school as his brother.

The court was required to determine the best interests of the child in relation to his secondary education, specifically considering whether attending the same school as his sibling was in his best interests. The court also had to consider the weight to be given to the child's wishes and the information contained within the Family Report. Furthermore, the court was tasked with determining the costs of the Independent Children's Lawyer, applying the provisions of section 117(2A) of the *Family Law Act 1975* (Cth), including the financial circumstances of the parties.

Judge Scarlett reasoned that it was in the child's best interests to attend the same high school as his brother, taking into account the child's wishes and the Family Report. In relation to costs, the court ordered that both the mother and father were to pay $2,500.00 each to Legal Aid Queensland as their individual contributions towards the costs of the Independent Children's Lawyer, with 12 months allowed for payment.
Details

Areas of Law

  • Family Law

Legal Concepts

  • Costs

  • Jurisdiction

  • Natural Justice

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Cases Citing This Decision

0

Cases Cited

1

Statutory Material Cited

2

Re G: Children's Schooling [2000] FamCA 462