Paintal & Paintal (No. 2)

In *Paintal & Paintal (No. 2)*, Gill J of the Family Court of Australia considered an application by the father, Mr Paintal, to consolidate holiday time with the child, X. The mother, Ms Paintal, was the respondent. The dispute centred on the duration and arrangement of X's time with the father during the 2020 long school holidays, with the father seeking a longer, consolidated period.

The court was required to determine the child's best interests in the context of interim proceedings, balancing the father's desire for extended time with X's potential distress and the need to facilitate X's relationship with him. A key legal issue was how to manage the high level of conflict between the parents, which could impact X, particularly during handover periods. The court also had to consider the limitations of interim proceedings in resolving factual disputes about X's welfare at the father's home.

Gill J adopted the approach suggested by the Independent Children's Lawyer (ICL), which sought to balance the competing considerations. The court acknowledged that a longer block of time might cause X distress, as indicated by the ICL's assessment. However, the court also recognised that the high number of changeovers between parents could expose X to conflict. Therefore, the court decided to order two shorter, consolidated blocks of time with the father, thereby reducing the number of changeovers while not extending the duration to a point that might cause X undue stress. This approach was deemed to be in X's best interests, mitigating the risks associated with parental conflict and potential distress.

The court ordered that X's usual time with the father during the 2020 end-of-year long school holidays be suspended, with specific arrangements for X to spend time with the father from 18 December 2020 to 12 pm on 28 December 2020, and again from 12 pm on 23 January 2021 to the commencement of school on 2 February 2021. The orders for telephone contact with the mother were also modified, with the father to facilitate telephone time with the mother at agreed times or, failing agreement, on specific dates and times during the holiday period.