The Federal Circuit Court has recently considered the application of the mother of a young child in Year 6, to change her school in order to protect her from bullying. This application was made despite the child having attended that school since Kindergarten.
The mother’s proposal was, in order for the child to be protected from bullying and to ensure that the child’s outstanding academic record be maintained that she be allowed to transfer to a school which in total added 150 minutes a day to the child’s travel times.
The court considered the evidence of the child who reported to the family reporter that the playground “had become a war zone”.
The child stated clearly and unambiguously that she did not wish to go to that school any longer. In it’s assessment the court found the child’s evidence to be clear and intelligent.
The mother’s evidence was that the child “was reluctant to go to school” and often would “sob uncontrollably”.
The father’s evidence was that the child had been schooled by the mother in order to achieve her own purposes.
The court, in considering the matter took into account the respective schools anti-bullying policies and indicated that the proposed school had a well documented policy focussing on the building and maintaining of the child’s self esteem.
The court decided that the anti-bullying policies were but one of the matters that the court was entitled to take into account in determining what was in the “best interest of the child”.
The court made orders to allow the child to transfer schools in accordance with the mother’s proposal, despite the distance to the school.
If you need family law advice, call Kate Walker, Accredited Specialist Family Lawyer on 1800 891 691 for a free confidential chat on the phone.