LORTON & LORTON

In Lorton & Lorton, heard before Judge Morley, the applicant mother sought orders for the child to live with her and spend alternate weekends with the respondent father. The respondent father sought equal time on a week-about basis, asserting a risk to the child due to the applicant's mental health issues. The court also considered interim property matters, including the applicant's request for sole occupation of the former matrimonial home and for the respondent to pay all outgoings and the mortgage, and interim spousal maintenance.

The court was required to determine the appropriate interim parenting arrangements for the child, specifically addressing the respondent's concerns about the applicant's mental health and whether such risks could be mitigated by court orders. Additionally, the court had to decide on interim spousal maintenance, considering the applicant's demonstrated need and the respondent's asserted inability to pay. The court also needed to determine whether to grant the applicant sole occupation of the former matrimonial home and whether the respondent should be ordered to pay the mortgage and outgoings.

Regarding parenting, the court found that while a risk to the child could exist due to the applicant's mental health issues without treatment, this risk could be mitigated by appropriate orders. Consequently, the court made orders for equal shared parental responsibility and for the child to live with each parent on a week-about basis, with specific provisions for Christmas holidays and the father's travel. The court dismissed all outstanding interim applications. In relation to property, the court made no orders for interim spousal maintenance, finding the respondent unable to pay. Furthermore, no orders were made for the applicant's sole occupation of the former matrimonial home or for the respondent to pay the mortgage and outgoings.