ZOLA & ZOLA

This matter concerned interim parenting arrangements and exclusive occupancy of the former matrimonial home, heard before Johnston J. The dispute arose from the parents' inability to continue living together, with the father proposing a "nesting" arrangement for the children in the former matrimonial home. The mother opposed this, citing poor communication between the parties and the potential for ongoing disputes. The court also considered the children's living arrangements and the father's time with them, noting that while there had been upset, the situation did not fall within the definition of family violence.

The court was required to determine the appropriate interim parenting orders, specifically addressing the children's residence and the father's time with them, while also considering the contentious issue of exclusive occupancy of the former matrimonial home. A key legal issue was whether the proposed nesting arrangement was in the best interests of the children, given the parents' communication difficulties and the potential for conflict. The court also had a duty to consider substantial and significant time for the children with both parents.

Johnston J ordered that the parties have equal shared parental responsibility for the three children. Pending further order, the children were to live with their mother, and spend time with and communicate with their father according to a detailed schedule, including alternate weekends and mid-week time. The court also ordered that the mother have exclusive occupation of the former matrimonial home, with the father to vacate within 14 days. The father was permitted to remove his plumbing equipment from the shed and garage within 28 days. The court appointed an Independent Children’s Lawyer for the children and made orders restraining the parties from denigrating each other or discussing sensitive matters in the children's presence. Undertakings were also noted from the children's grandparents regarding their conduct around the children.