The respondent mother brought a motion to find the applicant father in contempt and to strike his pleadings due to his failure to provide financial disclosure and his delay in paying the retainer for a court-ordered assessment of the children.
The court found that the father willfully breached multiple court orders, prejudicing the mother's ability to determine his income for support purposes and delaying the resolution of custody issues.
Applying the test for striking pleadings under Rule 14(23) of the Family Law Rules, the court struck the father's pleadings on the issues of equalization and support, allowing the mother to proceed to an uncontested hearing on those issues.
The court declined to strike his pleadings regarding custody and access in the best interests of the children.
