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The court dismissed the applicant's motion for property damages due to his failure to comply with the settlement agreement's dispute resolution procedure.
This case involves cross-motions in a family law dispute following a divorce order incorporating minutes of settlement.
The applicant sought to deduct alleged damages to the matrimonial home from the respondent's equalization and spousal support payment, and also sought punitive damages.
The respondent sought the immediate release of her $190,000 payment.
The court dismissed the applicant's motion, finding that the damage claims were not properly before the Family Court as they were not pleaded and the applicant failed to comply with a condition precedent in the divorce order requiring a written estimate of deliberate damage exceeding $5,000 from an appraiser or realtor.
The respondent's motion for payment was allowed.
Child ordered to attend school where mother teaches to avoid bussing and facilitate emergency response.
The parties brought cross-motions for an interim order regarding which school their four-year-old daughter would attend for junior kindergarten.
The mother, a teacher at Assumption Catholic Elementary School, sought to enroll the child there.
The father sought to enroll the child at St. David Catholic Elementary School, located in his catchment area.
The court ordered the child to attend the mother's choice of school, finding it in the child's best interests due to the avoidance of bussing, the mother's ability to respond to medical emergencies, and her availability to attend school events.
