Creswick and Lewis

In the Family Court of Australia at Melbourne, Mr Creswick (the applicant father) and Ms Lewis (the respondent mother) were before Young J concerning parenting orders for their two young children, E and D. The dispute involved arrangements for the children's living arrangements, contact, and the admissibility of a family consultant's report.

The court was required to determine the interim parenting arrangements for the children pending a defended hearing scheduled for March 2007. Key issues included modifying existing orders for shared time, addressing concerns about travel and changeovers, and establishing specific times for telephone contact between the children and the parent with whom they were not residing. The court also considered the admissibility of a family consultant's report and the nature of affidavits to be filed by the parties.

Young J reasoned that the existing orders, which provided for a shared time arrangement, should be modified only slightly to provide greater certainty for the children and ensure they spent more time in one location. The court's primary focus was the best interests of the children, as mandated by the amendments to the *Family Law Act 1975*. The judge ordered that the children would live with the father for specific nominated periods in January, February, and March 2007, and with the mother at all other times. The court also varied existing orders to specify telephone contact times and to require random drug screening on an approximate fortnightly basis. The family consultant's report was received into evidence, subject to cross-examination at the defended hearing. Orders were made for the filing of affidavits, restricted to relevant factual matters concerning the children's welfare.