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Re G (a child)

The judge had erred in upholding orders made in the Australian family courts that a child should attend a specified school in the UK where his father taught and that if the school was too far from the mother, with whom the child resided, she should move to facilitate the order.

13 October 2006

The appellant mother (M) appealed against a contact order made in favour of the respondent father (F) and an order that the child of the family (C) attend a specified school where F taught. F and M, who were residents of the UK, had separated while living in Australia. Both F and M wanted to return to the UK and various orders were made in the Australian courts including orders that C should reside with M and have contact with F. The court further ordered that C, who was 10 years old, should be educated at a specified school in the UK. Following their return to the UK, F had made unsuccessful attempts to have contact with C, who refused to see him. On an application to the court to enforce the orders, the judge ordered that C reside with M and have contact with F in accordance with the orders made in Australia and for C to attend the school, which was approximately one hour from where M had been living at the time of the hearing. The judge held that if the school was too far from M ...

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