The applicant mother brought a motion to stay the respondent father's motion to change child support until he complied with an outstanding order for child support and costs.
The father argued he could not afford the payments due to a large debt incurred from a previous trial, for which the mother had been ordered to pay $85,000 in costs before declaring bankruptcy.
The court applied the three-step test for non-compliance under Rule 1(8) of the Family Law Rules and found that exceptional circumstances existed.
The court exercised its discretion not to stay the motion to change, finding it would be unjust to block the father's access to the court given the financial history and potential lack of full disclosure at the prior uncontested hearing.
The mother's request for security for costs was also dismissed.
