Cindy Lee Vergara

This was a motion and cross-motion for a temporary parenting order and exclusive possession of the matrimonial home.

The parties, who had separated but remained living under the same roof, sought differing parenting plans and home arrangements for their two young children.

The Applicant Father proposed shared care, including a "bird's nest" arrangement or a 2-2-3 schedule, and was willing to move out.

The Respondent Mother sought primary care and exclusive possession of the home, arguing she was the primary caregiver.

The court determined that shared decision-making and a 2-2-3 parenting schedule were in the children's best interests, finding the father had been sufficiently involved.

The court granted the Respondent Mother exclusive possession of the matrimonial home, considering her lack of alternative accommodation and the parties' financial positions.

Financial orders included differential child support from the father and equal sharing of matrimonial home expenses and proportionate sharing of childcare costs.

The applicant mother and respondent father continued to reside in the matrimonial home with their three children following their separation.

Due to the high-conflict nature of their relationship, the applicant brought a motion for temporary custody or, alternatively, a nesting order.

The respondent opposed the nesting order and sought an adjournment.

The court dismissed the adjournment request to avoid disrupting the children's school year.

Finding that the parents' continued cohabitation was detrimental to the children, the court ordered a temporary nesting arrangement where the children would remain in the matrimonial home and the parents would rotate in and out every seven days.