FULTON & ROUSSEAU

This matter concerned a dispute between Fulton and Rousseau regarding the time their child, M, would spend with each parent, particularly during the long European school holidays between June and August each year. The court was required to determine the arrangements for M's time with the father when the mother was not travelling overseas with the child, the duration M could be absent from Australia while overseas with the mother, and the ability of each parent to take M on short overseas holidays annually.

The court's reasoning focused on establishing a clear and structured schedule for M's time with each parent, acknowledging the mother's intention to travel overseas with M during the June to August holidays in most years. The orders progressively increased the father's time with M during these holidays from 2011 to 2013 and thereafter, while also permitting the mother to take M overseas for extended periods. The court also addressed the father's ability to travel overseas with M.

The court made specific orders regarding the father's time with M during the June to August holidays, which varied in duration and frequency from 2011 to 2013 and beyond. The mother was permitted to remove M from Australia for overseas holidays for specified durations, with provisions for make-up time with the father upon their return. Similarly, the father was permitted to take M on overseas holidays for defined periods. The orders also mandated frequent contact between M and the non-travelling parent via telephone or Skype, required both parents to ensure M had a valid passport, and stipulated notice periods for overseas travel. All other orders relating to M's time with each parent were suspended during overseas travel.