ZEREZ & CERVANTES

In the matter of *Zerez & Cervantes*, Foster J considered interim parenting and injunction applications in a de facto relationship where both parties remained separated under the one roof at the time of the hearing. The central dispute involved competing claims for the sole use and occupation of the former family home.

The court was required to determine the appropriate interim parenting orders, specifically concerning the residence of the children, and to consider the competing applications for injunctions regarding the occupation of the family home. The court also had to address the financial responsibilities for the property pending further orders.

Foster J reasoned that in circumstances where both parties sought sole use and occupation of the family home, a careful balancing of factors was necessary. The court ultimately ordered that the de facto wife have sole use and occupation of the home, requiring the de facto husband to vacate the property by a specified date. The husband was ordered to continue paying the mortgage, council rates, and water rates, and to maintain building and contents insurance, while the wife was to pay other utilities. The court also made interim parenting orders, stipulating that the children live with the de facto wife and outlining specific periods of time the children would spend with the de facto husband, with provisions for changeovers and restrictions on alcohol and drug use during parenting time. Proceedings were adjourned for directions regarding the property aspect and listed for a trial on parenting matters.