How does the court decide who will use the family residence and furniture during the proceedings?
The court may issue either an interim or provisional order awarding one ex-spouse the use of the family residence, ordering the other spouse to leave the household, and setting the time frame within which he or she must leave. The court will consider and weigh the inconvenience to the family as well as the interests of the children and the physical and financial ability of the spouses to live elsewhere during the proceedings. The parent who has custody of the children is almost automatically granted use of the family residence during proceedings. The courts try to preserve the stability of the childrens lives and take into account any harm that could result from having to move, especially during the school year. The courts also consider that it is easier to move one person, in this case the non-custodial parent, than to move several. Moreover, as mentioned earlier, a spouses chances of obtaining exclusive use of the residence during the proceedings is reduced if he voluntarily left the
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