The moving party sought leave to appeal an order that adjourned his trial, prohibited him from seeking further disclosure, required payment of child support arrears before allowing a motion to vary support, and ordered $15,000 in costs thrown away.
The Divisional Court granted leave to appeal, finding good reason to doubt the correctness of the motion judge's order.
Specifically, the motion judge improperly relied on unsworn material from the Continuing Record, prohibited a statutory right to move for varied support, awarded substantial indemnity costs without evidence, and disqualified an expert witness without assessing competence.
The order was stayed pending the appeal.
