LIBERATORE & LIBERATORE

In the matter of *Liberatore & Liberatore*, the wife sought interim orders for the children to ordinarily reside with her and spend three nights a fortnight with the father, while the father sought orders for the children to spend six nights a fortnight with him. Both parties also sought orders for equal shared parental responsibility and proposed substantial and significant time with the children. The wife further sought an order for exclusive occupation of the former matrimonial home, or alternatively, spousal maintenance to cover the costs of alternate accommodation.

The court was required to determine the interim parenting arrangements for the children, specifically the primary residence and the quantum of time each parent would spend with them, considering the best interests of the children. Additionally, the court had to decide whether to grant the wife exclusive occupation of the former matrimonial home, based on her assertion of tension within the home, and whether to award spousal maintenance for alternate accommodation.

Regarding parenting, the court found that it was in the best interests of the children on an interim basis to reduce the number of changeovers. Consequently, the court ordered that the children would ordinarily live with the wife and spend four nights per fortnight with the husband. The court also made orders for equal shared parental responsibility. The wife's application for exclusive occupation of the former matrimonial home was dismissed, with the court noting that inconvenience alone was insufficient grounds for such an order.

The court ordered the husband to pay the wife $1,100 per week by way of spousal maintenance, with the first payment due within seven days of the wife vacating the former matrimonial home. The wife's other interim applications were dismissed.