A father's long roster, a son who wanted more, and a slower build-up

Mr and Ms Blakewell were together from late 2009, married in 2011 and separated in 2020. They have one son, then aged 10. Mr Blakewell works away on a roster of 28 days on and 28 days off. After the separation their son lived with his mother in Tasmania and spent two blocks of eight days with his father during each 28-day break.

Mr Blakewell wanted more. He first asked for 24 of his 28 days off, then came to trial with a gentler plan that built his time up in stages over three years. Ms Blakewell, who said she had given up her preferred career for their son, asked the court to cut his time back to two seven-day blocks. She worried that the boy's friendships, routine and activities near her home would suffer, and said the court should expect him to thrive, not just cope.

Under s 60CC of the Family Law Act 1975 (Cth), any views expressed by the child are one of the matters the court must consider. The court child expert met the boy twice and was left in no doubt that he wanted more time with his father. Judge Turnbull accepted that, and found the evidence did not support the mother's proposal to reduce the father's time. The judge also accepted that Mr Blakewell had not been as involved as he could have been in his son's friendships and activities, and saw more time as a chance to improve.

The judge expected the boy's views to grow stronger as he got older, and that leaving things unchanged would send the family back to court. But the judge chose a slower pace than the father had asked for. Each step would come every eight months rather than every six, to let the boy adapt and to give some comfort to his mother, who remained his primary carer.

By consent, the parents kept joint decision-making. By the time the boy is almost 15, he will spend 22 days of each 28-day break with his father, with a short stay with his mother in the middle.