DeMont v. Hill, 2012 NSSC 304
Opinion
SUPREME COURT OF NOVA SCOTIA (FAMILY DIVISION) Citation: DeMont v. Hill, 2012 NSSC 304 Date: 20120828 Docket: SFHMCA-080703 Registry: Halifax Between: Angie Mae DeMont Applicant v.
Eric Arnold Hill Respondent Judge: The Honourable Justice Deborah Gass Heard: June 5 and 12, 2012, in Halifax, Nova Scotia Written Decision: August 29, 2012 Counsel: Margo Fulmer, Counsel for Angie DeMont Megan Roberts, Counsel for Eric Hill By the Court: [ 1 ] This decision results from an interim hearing of June 5 and 12, 2012. [ 2 ] Written submissions on the issue of interim exclusive possession of the matrimonial home and spousal support were received on July 13, July 17 and August 7, 2012. [ 3 ] This is an interim proceeding to address the children ’ s immediate needs until the matter can be fully heard on all issues, or an
agreement is reached. [ 4 ] The paramount issue is the best interest of the children. The court has already made an interim order on parenting. [ 5 ] In this situation I conclude that on an interim basis the parents shall alternately share exclusive occupation of the family home in accordance with the parenting schedule. Each parent has alternative accommodations or the ability to obtain alternate accommodations on their non parenting times, and such a “ nesting ” order is incidental to the shared parenting order.
Thus, the children shall remain in the home and each parent will reside with them during the designated time. [ 6 ] Mr. Hill will pay interim spousal support of $1.00 per month on an interim basis. [ 7 ] The arrangement will be effective forthwith. [ 8 ] This decision is
summary in nature only and further written reasons will follow if required. J.
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