Lake and Lake (No. 2)

In the matter of *Lake and Lake (No. 2)*, Le Poer Trench J considered an application to vary existing parenting orders made on 14 June 2018. The dispute concerned the children's time with the father, and the mother sought to introduce a provision allowing her to suspend the father's time during school holidays under specific circumstances.

The primary legal issue before the court was whether to grant the mother's application to vary the existing parenting orders to include a provision for the suspension of the father's time with the children during one period of school holiday in each calendar year. This variation was sought to facilitate the mother's ability to take the children on holiday away from her residence.

Le Poer Trench J reasoned that the proposed variation, made pursuant to Rule 17.02(1) of the Family Law Rules, would allow the mother to suspend the father's time with the children by providing at least 28 days' notice prior to the relevant school holiday period. Crucially, the court stipulated that the mother would be required to provide make-up time to the father for any lost time, with the configuration of this make-up time to be agreed between the parties or, failing agreement, determined by the mother. The court made an additional order to this effect, to form part of the original orders of 14 June 2018.