The appellant father appealed a motion judge's order finding him in contempt for failing to sign an assessor's retainer, prohibiting him from filing further motions without leave, granting the respondent mother sole decision-making responsibility, and delegating treatment authority for their child.
The Court of Appeal upheld the contempt finding and the grant of sole decision-making authority, finding the father's attempts to modify the retainer were not minor and that the mother's authority was justified by the father's non-compliance.
However, the court found the prohibition on filing further motions without leave was an overreach, as the father was not a vexatious litigant and such a term was not supported by the record, especially given potential future enforcement issues regarding parenting time.
The appeal was allowed in part.