Creswick and Lewis

In the Family Court of Australia at Melbourne, Mr Creswick (the applicant father) and Ms Lewis (the respondent mother) were involved in proceedings concerning their two sons. An issue arose during the hearing regarding the children's time with each parent over the Easter period and ongoing, pending the delivery of final judgment and orders. The children had been living with the father on a rotation basis until 17 March 2007, and were with the father at the time of the hearing.

The court was required to determine the appropriate interim arrangements for the children's time with each parent, specifically addressing the period over Easter and establishing a rotational schedule pending final judgment. This decision was necessitated by the parties' inability to reach an agreement, with the father proposing an extension of his time with the children until 14 April, and the mother seeking a return to the mother on Easter Saturday, 7 April. The court also needed to consider the practicalities of the court's listing schedule, which indicated that judgment would not be delivered until early to mid-May.

Justice Young, in making his determination, considered the balance of splitting the Easter holiday and the benefit of holiday time to both the parties and the children. He emphasised the importance of regular time with both parents, concluding that a more frequent changeover was in the children's best interests rather than an extended period with one parent. The court ordered that the children be returned to the mother on Saturday, 7 April 2007, at 11:30 a.m., and thereafter, changeovers were to occur on a fortnightly rotational basis, commencing with the mother on Saturday, 5 May 2007, and continuing thereafter.