SLOANE & HIBBERT

In proceedings before Stevenson J, the applicant and respondent were parties to a family law dispute concerning their child. The primary issues before the court related to interim arrangements for the child, specifically changeover arrangements and the applicant's request for exclusive occupation of a recently constructed property owned by the parties.

The court was required to determine whether the existing changeover arrangements for the child, which had been occurring at the maternal aunt's home for six months, should be altered to the respondent's proposed location at McDonald's. Additionally, the court had to consider the applicant's claim for exclusive occupation of the jointly owned property, based on her assertion that she and the child were unable to remain in their current accommodation.

Regarding the changeover arrangements, Stevenson J found that it was in the child's best interests for the existing arrangements to remain unchanged, implicitly rejecting the respondent's proposal. In relation to the property, the court noted that the respondent had made no submissions in response to the applicant's evidence regarding her accommodation difficulties. Crucially, the respondent's evidence did not establish that the child's safety would be compromised by residing in the property with the applicant. Consequently, the court made orders granting the applicant exclusive occupation of the property.