MARRISON & MARRISON

In the matter of *Marrison & Marrison*, heard by Judge A. Kelly, the applicant mother sought orders for the sole use and occupancy of the former matrimonial home. The dispute arose following the parties' separation under one roof, an event exacerbated by the respondent father's introduction of a new partner to the home without prior notice, leading to significant family disputes and the applicant's effective eviction from the property.

The court was required to determine several legal issues, including the abridgment of the time for hearing the application and whether to dispense with the provisions of s 60I of the *Family Law Act 1975* (Cth). Crucially, the court had to consider the appropriate parenting orders for the children, including their living arrangements and time spent with each parent, as well as orders concerning communication between the parties and with the children. The court also had to address the issue of sole use and occupancy of the former matrimonial home and the potential for future orders for its sale.

Judge A. Kelly applied established principles of family law, particularly concerning the best interests of the children and the need for stable living arrangements. The court made detailed parenting orders, granting the applicant mother sole use and occupancy of the former matrimonial home until further order, with the respondent father to vacate by a specified date. The orders also stipulated specific time arrangements for the children with the father, outlined communication protocols between the parents, and included provisions for drug screening, a conciliation conference, and the preparation of a Family Report. The court also reserved liberty to the parties to apply on reasonable notice for orders for the sale of the property.