The applicant father brought a motion for a temporary parenting schedule pending a section 30 custody and access assessment, seeking primary residence (8 out of 14 nights).
The respondent mother brought a cross-motion seeking primary residence with the father having only 16.5 hours of access per week and no overnights.
The parties continued to reside separate and apart in the matrimonial home, creating a toxic environment.
The court reviewed extensive affidavit evidence and text messages, finding both parents were actively involved in caring for the children, including one child with autism spectrum disorder.
The court gave little weight to surreptitious video recordings taken by the maternal grandparents.
Ultimately, the court ordered a temporary 50/50 equal time-sharing nesting arrangement where the children remain in the matrimonial home and the parents rotate in and out.