Adenike Olutoke Aderibigbe

In a family law matter involving parenting and financial issues, the court strongly criticized the parties' prolonged reliance on temporary motions and their failure to advance the case to a final resolution through trial.

Despite a two-year litigation history marked by delays, outstanding disclosure, and uncompleted questioning, the parties brought new motions and cross-motions.

The judge emphasized that endless temporary motions disservice children and burden the court, urging parties to move towards a comprehensive oral hearing.

Ultimately, the parties withdrew their respective motions by consent and were ordered to schedule a Trial Scheduling Conference.

The applicant mother sought the return of her child after the respondent father unilaterally withheld the child for over three months.

The father had previously brought an unsuccessful ex parte motion to obtain custody, making misrepresentations to the court and failing to serve the mother.

The parties ultimately settled the parenting issues, with the child returning to the mother's primary care.

This decision addresses the costs of the mother's emergency motion, finding the father's conduct unreasonable and sanctioning it with a costs award to the mother.