Wright and Samuel (No.2)

In *Wright and Samuel (No.2)*, Judge Roberts of the Family Court of Australia considered an application by the mother, MS WRIGHT, to vary existing court orders concerning the time the child, born in 2003, would spend with her. The father, MR SAMUEL, had filed a response to this application. The dispute centred on the specific arrangements for the child's time with the mother, as detailed in previous orders made on 20 November 2009.

The primary legal issue before the court was whether to vary the existing orders regarding the child's time with the mother. Specifically, the court had to determine the appropriate schedule for the child to spend time and communicate with the mother, considering the terms of the 2009 Orders and the subsequent applications by the parties.

Judge Roberts reasoned that the existing orders of 20 November 2009 should largely remain in force, save for one specific provision. The court discharged Order No. 3 of the 2009 Orders and, in its place, made new orders detailing the specific periods the child was to spend with the mother. These new orders established a detailed schedule for the child to spend time with the mother in Victoria during various school holidays, including summer, Term 1, Term 2, and Term 3 breaks, with specific provisions for Easter weekends and even-numbered years. The orders also allowed for additional agreed times, time in Tasmania upon reasonable notice, and communication by telephone or internet. The mother's application and the father's response were otherwise dismissed.