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Session 08.2 To School or Not to School- That is The Question

Tracks
Track 2: Room LG18
Tuesday, July 29, 2025
4:00 PM - 5:30 PM
LG18 - The David Li Kwok Po Lecture Theatre

Overview


Panel Session:
Chair: TBC


Panellists:
- Ms Kim Southey, Counsel, Victorian Bar, Australia
- Mr David De Alwis, Principal, Hope Earle Lawyers, Australia
- Ms Elyse Byrne, Director, Hope Earle Lawyers, Australia



Details

Overview Following the COVID-19 pandemic, an emerging issue in family law matters is the subject of school refusal and the interplay between school refusal, complex family dynamics and children being entrenched in significant conflict and litigation
This paper will look at how case law has developed in a post COVID-19 world with respect to school refusal and how the Court balances this issue with:
1. Children’s rights;
2. Children in vulnerable situations; and
3. Family violence.
Running parallel with how Courts deal with school refusal in complex family dynamics is how it is linked to and supported by the social science so that vulnerable children are able to return to what should always be “their safe space” away from the complex family situation they may find themselves in.
In addition to looking at the above, this presentation will also look at what the current social science is around school refusal with comments from a psychologist who works specifically in the area of families involved in complex litigation where the interplay of school refusal is an issue at hand.
Is a dual approach to school refusal required in order to best protect vulnerable children and provide them with a solid foundation in life?


Speaker

Ms Kim Southey
Barrister
Victorian Bar

To School or Not to School- That is The Question

Biography

Kim was called to the Bar in September 2007. She has a diverse Family Law practise with a particular interest in complex parenting disputes. She also advises and appears in child support matters, matters involving international disputes (parenting and property), in matters involving equitable claims and bankruptcy. Kim has appeared for the Independent Children’s Lawyer in a number of defended and lengthy parenting matters. Kim has many country-based clients in the North East of Victoria, Australia. She attends circuits regularly, which involves a balancing of the right to justice for rural clients with limited resources against many complex matters requiring the Court’s assistance. Kim is the Assistant Practise Area Leader for the Family Law Practise Area of Foley’s List. As part of that role, she helps organise and run a twice yearly practise management forum for all Foley’s Family Law barristers. She also assists with the organisation of other networking and CPD events, such as the annual Family Law Breakfast.

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Mr David De Alwis
Principal (owner)
Hope Earle Lawyers

To School or Not to School- That is The Question

Biography

With over a decade of experience in family law, David is a principal at Hope Earle Lawyers. David leads a team of family law experts across two states who provide cost-effective and strategic advice to clients on complex property and parenting matters, including international cases. David’s core competencies include appeals, litigation, mediation, dispute resolution, financial agreements, intervention orders, and children's court matters. David regularly handle cases involving high-value asset pools, cross-border interests, the Hague Convention, and sensitive issues. David has also presented papers at international conferences and has a significant international aspect to his practice through his involvement in LAWASIA and the Asian Australian Lawyers Association. David is passionate about advocating for my clients and achieving the best possible outcomes for them. David has been involved in a number of reported cases in the family law and child protection case (including as solicitor with primary conduct) the most notable of which include: 1. Hadfield & Hadfield and Ors [2012] FamCa 1213 2. Hawthorn & Hawthorn & Anor [2012] FamCa 785 3. Hawthorn & Hawthorn (No. 2) [2012] Famca 1141 4. MacDougal & Benson and Anor (No 2) [2015] FamCA 799 5. Jefferson & Coulston [2014] FamCA 1083 6. Draper & Roiland [2017] FamCA 636 7. Hurley & Hurley (No 2) [2017] FamCA 19 8. Heaton & Heaton [2016] FCCA 1740 (5 May 2016) 9. Heaton & Heaton (No.2) [2017] FCCA 557 10. Jia & Yong [2022] FedCFamC1F 591 11. SL v Department of Families, Fairness and Housing [2021] VSC 523 12. TSH v Department of Families, Fairness and Housing [2022] VSC 390 13. Yonjan & Satyal [2023] FedCFamC2F 419

Ms Elyse Byrne
Director
Hope Earle

To School or Not to School- That is The Question

Biography

Elyse is a proficient and experienced legal practitioner with an extensive understanding of family law gained over a number of years. Elyse has worked on a wide range of matters including complex parenting and property matters particularly those involving, trustees in bankruptcy in family law proceedings, anti-vaccination cases, matters involving the Hague Convention of the Civil Aspects of International Child Abduction, airport watchlist matters and complex intervention order matters. Most notably, Elyse has been involved in the following cases as instructing solicitor: 1. SL v the Department of Families, Fairness and Housing and Children’s Court of Victoria (appeal from the Children’s Court of Victoria)1; 2. Stokerton & Stokerton [20232]; 3. Stokerton & Stokerton (No 2) [2023]3; 4. Stokerton & Stokerton (No 3) [2023]4; and 5. Yonjan & Satyal [2023]5. Elyse takes a pragmatic view to resolving family law disputes between parties and is conscious of getting clients good results whilst doing so in a cost-effective manner. Elyse is a member of the Law Institute of Victoria and has previously served as Secretary of the Law Institute of Victoria Young Lawyers Social Committee. In addition, Elyse is a Tribunal Member of Football Victoria. Elyse also wrote a feature article for the Law Institute of Victoria which was published in the March 2023 edition of the Law Institute Journal. Elyse is co-presenting at the LawAsia conference on 13 to 15 October 2024

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