HEROUZ & HEROUZ

In the matter of *Herouz & Herouz*, heard by Rees J, the father sought interim parenting orders for equal shared care of the parties' three young children. The mother had made allegations of family violence against the father. In addition, each parent sought sole occupation of the former matrimonial home.

The court was required to determine whether equal shared care of the children was appropriate in the circumstances, given the allegations of family violence. The court also had to decide which parent should have exclusive occupation of the former matrimonial home on an interim basis.

Rees J determined that equal shared care was not appropriate. The court applied the principles of the *Family Law Act 1975* (Cth), particularly concerning the best interests of the children and the impact of family violence. The court ordered that the children live primarily with the mother and spend time with the father, including overnight time. Regarding the property, the court ordered that the mother have exclusive occupation of the former matrimonial home, given her primary care of the children. The father was ordered to vacate the property.