Brewster and Paull

In the Family Court of Australia, Mr Brewster (the applicant father) and Ms Paull (the respondent mother) presented a dispute concerning the time the parties' children would spend with each parent during the Christmas period in alternate years. The Court, presided over by Coleman J, also considered the role of an Independent Children's Lawyer.

The central legal issue before the Court was how to best arrange the children's time with each parent during the Christmas holidays, specifically addressing the differing proposals from the mother and father regarding the allocation of time between Christmas Eve and 7 January, and the period from 7 January to 21 January. The Court also considered the implications of s 60CC(2)(a) of the *Family Law Act 1975* (Cth), which mandates that courts have regard to "primary considerations" when determining a child's best interests.

Coleman J reasoned that the children's interests would be better served by optimising the time they spend with their parents during periods of parental leave, as contemplated by s 60CC(2)(a)(i) of the Act. The Court noted that the mother's employment required her to take leave from Christmas Eve until 7 January, while the father was able to take leave between 7 and 21 January. The father's proposal, in alternate years, involved the children spending two weeks with him, culminating on or about 7 January, at which point the mother would have returned to work. The Court found that the mother's proposal, which allowed for two weeks of time with her while on leave followed by two weeks with the father while on leave, better optimised the children's time with each parent during their respective leave periods. This was further strengthened by the understanding that the mother would provide more care for the children in the future.

By consent, orders were made in accordance with a Minute of Order (Exhibit "X"). These orders stipulated that commencing Christmas 2012 and in alternate years thereafter, the children would spend time with the father from Christmas Eve until 7 pm on 27 December, and from 7 January to 21 January inclusive. In alternate years thereafter, commencing Christmas 2013, the children would spend time with the father from 22 to 24 December, and from 7 to 21 January inclusive.