YORK & YORK

In *YORK & YORK*, heard before Ryan J, the dispute concerned parenting arrangements for the parties' child, specifically a disagreement over which school the child should attend. The matter came before the court for the determination of interim orders.

The central legal issues before the court were whether the presumption of equal shared parental responsibility applied in the circumstances, and if so, how it should be applied in relation to the significant disagreement between the parents regarding the child's schooling. The court was also required to consider the best interests of the child, including the importance of sibling relationships and the potential impact of separation from siblings.

Ryan J considered the evidence presented, including the parties' differing views on the child's education and the potential implications for the child's well-being and relationships. The court noted that while the presumption of equal shared parental responsibility generally applies, it can be displaced if it is not in the best interests of the child. In this instance, the court found that the parties' inability to agree on fundamental aspects of the child's upbringing, such as schooling, indicated that equal shared parental responsibility might not be appropriate or workable at that stage. The court also took into account the importance of maintaining the child's existing relationships, including with siblings, when making decisions about their living arrangements and schooling.

The court made interim orders regarding the child's schooling and directed the parties to engage in family therapy to attempt to resolve their ongoing disputes.