Court or Tribunal: 
Catchwords: Appeal, Child Support, Departure Determination, extra-curricular activities, School Fees, Sole Parental Responsibility
Judges:  Aldridge JBryant CJChief Justice Diana BryantCoates JJustice Michael KentJustice Murray AldridgeJustice Stephen CoatesKent J

Background: A divorced mother, known by her court appointed pseudonym as Ms Stewart, has sought an Order from the Court that her two children, one boy and one girl, upon reaching high school age, should be enrolled in two prestigious same-sex private schools, the son of which to follow in the father's family tradition, she claimed, and attend the father's and grandfather's alma mater. As the Federal Circuit Court heard the previous year prior the case being appealed to the Full Court of the Family Court, the estimated cost of the tuition fees alone, if both children attended private school, would be approximately $50,000 a year. The Court further heard that even without taking into account the extra expenses of a private education and probable fee increases, it would cost up to $300,000 in total to 
  [Legal Issue]In the original decision from the Federal Circuit Court of Australia, Justice Stephen Coates relied on the mother's financial capacity in determining as to whether this case had any merit, and consequently found that Ms Stewart had not established that the cost of private schooling would be affordable. "The mother said she could afford 40 per cent of the fees, yet on her income, I do not see she has proven her case," he said. He ruled that the children should attend a government high school, saying they would not be disadvantaged as the state provides "a capable education system". The judge said the Stewarts' son would cope with not going to the private school "if the mother responsibly handles the situation for the child, even though such an order would be a great disappointment    [Court Orders](1) The application in an appeal filed by the appellant mother on 21 February 2017 is dismissed. (2) The appeal is dismissed. (3) The appellant mother pay the respondent father’s costs of and incidental to the appeal to be agreed, or failing agreement, to be assessed.      

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