DEVINE & DEVINE

In the matter of *Devine & Devine*, Foster J of the Family Court of Australia considered interim parenting arrangements, the sole use and occupation of the former matrimonial home, and interim property distribution. The dispute involved allegations by the mother concerning the father's conduct during the relationship and concerns about the children's well-being within the context of the parents' conflictual relationship, particularly where they were in and out of the same home to facilitate time with the children.

The court was required to determine the best interests of the children, B and C, by establishing interim parenting orders that addressed with whom the children would live and spend time, considering the principle of maintaining meaningful relationships. Additionally, the court had to decide on the mother's application for the sole use and occupation of the matrimonial home and consider interim property distribution, including the sale of an investment property.

Applying the principles for interim parenting applications, Foster J ordered that the mother and father have equal shared parental responsibility. The children were to live with the mother and spend substantial and significant time with the father, with specific provisions for school terms, school holidays, and public holidays. The court also granted the mother sole use and occupation of the former matrimonial home, requiring the father to vacate by a specified date and restraining him from removing certain items. Regarding property, the parties agreed to the sale of an investment property, with the net proceeds to be paid into the mortgage account of the matrimonial home. The court found it inappropriate to make interim property distribution orders beyond this, dismissing other interim applications.