Nesting is a parenting arrangement in which the matrimonial home will be “shared” by the spouses after separation. The children remain full-time in the home, while the parents take turns living elsewhere. The sharing happens on a rotating basis, usually on a week on/week off basis.
In a recent case, Veljanovski v. Veljanovski, 2015 CarswellOnt 9263 (Ont. S.C.J.), both parents were seeking exclusive possession of the matrimonial home on an interim motion. The judge chose to create a nesting arrangement where the children remained in the home. Each parent was allowed to have exclusive possession of the home from Saturday to Saturday. Each parent was required to pay half the expenses of the home and provide for the children during the week that they had possession of the home.
There are arguably pros and cons to every residential arrangement following separation. In the case of nesting, a pro is that it provides stability for the children. It is less disruptive for the children’s lives as they remain in the same home, school, activities etc. However, it can be costly as each parent has to secure their own alternative accommodations as well as maintain the matrimonial home. The nesting arrangement is also likely more appropriate in cases where parents are cooperative with each other.
There are a number of residential arrangements for children post separation that can be explored. If you are interested in speaking to a lawyer about this issue please contact the Family Law department at Dale Streiman Law LLP.
