CHANG & SONG

This matter concerned parenting arrangements for a child, X, and the occupation of the former matrimonial home. The dispute arose between the mother and the father, with allegations that one parent was restricting the other parent's time with the child. The Honourable Justice Le Poer Trench presided over the proceedings.

The court was required to determine interim living arrangements for X, specifically addressing the division of time between the parents. Additionally, the court considered the father's application for exclusive occupation of the former matrimonial home.

In relation to parenting, the court ordered a fortnightly shared care arrangement for X during school term time, with the child living with the mother from Friday after school until the following Friday, and then with the father for the subsequent fortnight. The court also made provision for an additional period of time with the mother to compensate for a delay in implementing the orders. The court stipulated that if a parent was unable to care for X overnight, they were to provide notice to the other parent and offer them the first opportunity to care for the child, with a 48-hour response period before alternative arrangements could be made. The parties were permitted to vary these arrangements by written agreement, to be documented via email. The father's application for exclusive occupation of the former matrimonial home was refused at this time. The court also noted that either party could apply to relist the matter regarding parenting orders on short notice if necessary, but warned that unnecessary relistings would be at the listing party's risk as to costs.