Emergency family law motions were brought by separated spouses concerning temporary care of a young child and exclusive possession of the matrimonial home prior to a case conference.
The court considered competing allegations of abuse, the involvement of the local children’s aid society, and the parties’ limited financial circumstances.
Finding the evidence insufficient to grant temporary custody or exclusive possession to either party, the court ordered an interim week‑about “nesting” arrangement in which the child would remain in the matrimonial home while the parents alternated residence.
The court also directed the parties to mediation and scheduled a case conference.
Issues of support and household expenses were deferred pending financial disclosure.
